2018 -- S 2283

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE

PROCEDURES ACT

     

     Introduced By: Senators Kettle, Cote, Paolino, Morgan, and Lombardo

     Date Introduced: February 01, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

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     42-35-2.9. Regulatory analysis.

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

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

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

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     (b) A regulatory analysis must contain:

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

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

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

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

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

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

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the proposed regulation and justify any overlap or duplication; and

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     (3) A determination whether:

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

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

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

 

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

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summary of the analysis.

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

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

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

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

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rule or regulation to be repealed.

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

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

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

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

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accordance with this chapter and other applicable law.

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

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

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

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justify individual waivers of the requirements of this section.

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

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by law to an agency.

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     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

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

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regulation to be repealed.

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     This act would take effect upon passage.

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LC003430

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