2017 -- S 0602

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LC001700

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - ADMINISTRATIVE

PROCEDURES ACT

     Introduced By: Senators Kettle, Morgan, Cote, Archambault, and Algiere

     Date Introduced: March 15, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-35-2.9 of the General Laws in Chapter 42-35 entitled

"Administrative Procedures" is hereby amended to read as follows:

     42-35-2.9. Regulatory analysis.

     (a) An agency shall prepare a regulatory analysis for a proposed rule. The analysis must

be completed before notice of the proposed rulemaking is published. The summary of the analysis

prepared under subsection (c) must be published with the notice of proposed rulemaking.

     (b) A regulatory analysis must contain:

     (1) An analysis of the benefits and costs of a reasonable range of regulatory alternatives

reflecting the scope of discretion provided by the statute authorizing the proposed rule;

     (2) Demonstration that there is no alternative approach among the alternatives considered

during the rulemaking proceeding which would be as effective and less burdensome to affected

private persons as another regulation. This standard requires that an agency proposing to write

any new regulation must identify any other state regulation which is overlapped or duplicated by

the proposed regulation and justify any overlap or duplication; and

     (3) A determination whether:

     (i) The benefits of the proposed rule justify the costs of the proposed rule; and

     (ii) The proposed rule will achieve the objectives of the authorizing statute in a more

cost-effective manner, or with greater net benefits, than other regulatory alternatives.

     (iii) An agency preparing a regulatory analysis under this section shall prepare a concise

summary of the analysis.

     (iv) If an agency has made a good-faith effort to comply with this section, a rule is not

invalid solely if there are errors or paucity of data in the regulatory analysis for the proposed rule.

     (c) Unless prohibited by law, whenever an agency publicly proposes for notice and

comment or otherwise promulgates a new rule or regulation, it shall identify at least one existing

rule or regulation to be repealed.

     (1) In furtherance of the requirements of this subsection, any new costs associated with a

new rule or regulation shall, to the extent permitted by law, be offset by the elimination of

existing costs associated with at least one prior rule or regulation. Any agency eliminating

existing costs associated with prior rules or regulations under this subsection shall do so in

accordance with this chapter and other applicable law.

     (2) When implementing this section, the directors of all agencies shall take into

consideration, among other things, standards for determining the costs of an existing rule or

regulation that is considered for elimination; and emergencies and other circumstances that might

justify individual waivers of the requirements of this section.

     (3) Nothing herein shall be construed to impair or otherwise affect the authority granted

by law to an agency.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - ADMINISTRATIVE

PROCEDURES ACT

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     This act would provide that when an agency publicly proposes for notice and comment or

otherwise promulgates a new rule or regulation, it would identify at least one existing rule or

regulation to be repealed.

     This act would take effect upon passage.

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