Bill Text: MN SF1922 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State agency rulemaking regulation and reporting methods provisions modifications
Spectrum:
Status: (Passed) 2012-04-27 - Secretary of State Chapter 238 04/27/12 [SF1922 Detail]
Download: Minnesota-2011-SF1922-Engrossed.html
Bill Title: State agency rulemaking regulation and reporting methods provisions modifications
Spectrum:
Status: (Passed) 2012-04-27 - Secretary of State Chapter 238 04/27/12 [SF1922 Detail]
Download: Minnesota-2011-SF1922-Engrossed.html
1.2relating to state government; providing methods for certain review of, and
1.3reporting on, agency rules;amending Minnesota Statutes 2010, sections 14.05,
1.4subdivision 1, by adding a subdivision; 14.116; 14.131.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 14.05, subdivision 1, is amended to read:
1.7 Subdivision 1. Authority to adopt original rules restricted. (a) Each agency shall
1.8adopt, amend, suspend, or repeal its rules: (1) in accordance with the procedures specified
1.9in sections14.001 to
14.69 , and; (2) only pursuant to authority expressly delegated by
1.10state or federal law; (3) only that are necessary to serve the public interest; and (4) in full
1.11compliance with its duties and obligations.
1.12(b) If a law authorizing rules is repealed, the rules adopted pursuant to that law are
1.13automatically repealed on the effective date of the law's repeal unless there is another
1.14law authorizing the rules.
1.15(c) Except as provided in section14.06 , sections
14.001 to
14.69 shall not be
1.16authority for an agency to adopt, amend, suspend, or repeal rules.
1.17 Sec. 2. Minnesota Statutes 2010, section 14.05, is amended by adding a subdivision to
1.18read:
1.19 Subd. 1a. Limitation regarding certain policies, guidelines, and other
1.20nonbinding interpretive statements. Except as specifically authorized by law, an agency
1.21shall not seek to enforce against any person a policy, guideline, or other nonbinding
1.22interpretive statement that meets the definition of a rule if the policy, guideline, or other
2.1nonbinding interpretive statement has not been adopted as a rule in accordance with
2.2this chapter.
2.3 Sec. 3. Minnesota Statutes 2010, section 14.116, is amended to read:
2.414.116 NOTICE TO LEGISLATURE.
2.5(a) By January 15 each year, each agency must submit its rulemaking docket
2.6maintained under section 14.366, and the official rulemaking record required under section
2.714.365 for any rule adopted during the preceding calendar year, to the chairs and ranking
2.8minority members of the legislative policy and budget committees with jurisdiction over
2.9the subject matter of the proposed rule.
2.10(b) When an agency mails notice of intent to adopt rules under section14.14 or
2.1114.22
, the agency must send a copy of the same notice and a copy of the statement of need
2.12and reasonableness to the chairs and ranking minority party members of the legislative
2.13policy and budget committees with jurisdiction over the subject matter of the proposed
2.14rules and to the Legislative Coordinating Commission.
2.15(c) In addition, if the mailing of the notice is within two years of the effective date
2.16of the law granting the agency authority to adopt the proposed rules, the agency shall
2.17make reasonable efforts to send a copy of the notice and the statement to all sitting
2.18legislators who were chief house of representatives and senate authors of the bill granting
2.19the rulemaking authority. If the bill was amended to include this rulemaking authority,
2.20the agency shall make reasonable efforts to send the notice and the statement to the chief
2.21house of representatives and senate authors of the amendment granting rulemaking
2.22authority, rather than to the chief authors of the bill.
2.23 Sec. 4. Minnesota Statutes 2010, section 14.131, is amended to read:
2.2414.131 STATEMENT OF NEED AND REASONABLENESS.
2.25By the date of the section14.14, subdivision 1a , notice, the agency must
2.26prepare, review, and make available for public review a statement of the need for and
2.27reasonableness of the rule. The statement of need and reasonableness must be prepared
2.28under rules adopted by the chief administrative law judge and must include the following
2.29to the extent the agency, through reasonable effort, can ascertain this information:
2.30(1) a description of the classes of persons who probably will be affected by the
2.31proposed rule, including classes that will bear the costs of the proposed rule and classes
2.32that will benefit from the proposed rule;
2.33(2) the probable costs to the agency and to any other agency of the implementation
2.34and enforcement of the proposed rule and any anticipated effect on state revenues;
3.1(3) a determination of whether there are less costly methods or less intrusive
3.2methods for achieving the purpose of the proposed rule;
3.3(4) a description of any alternative methods for achieving the purpose of the
3.4proposed rule that were seriously considered by the agency and the reasons why they
3.5were rejected in favor of the proposed rule;
3.6(5) the probable costs of complying with the proposed rule, including the portion
3.7of the total costs that will be borne by identifiable categories of affected parties, such as
3.8separate classes of governmental units, businesses, or individuals;
3.9(6) the probable costs or consequences of not adopting the proposed rule, including
3.10those costs or consequences borne by identifiable categories of affected parties, such as
3.11separate classes of government units, businesses, or individuals;and
3.12(7) an assessment of any differences between the proposed rule and existing federal
3.13regulations and a specific analysis of the need for and reasonableness of each difference.;
3.14and
3.15(8) an assessment of the cumulative effect of the rule with other federal and state
3.16regulations related to the specific purpose of the rule.
3.17The statement must describe how the agency, in developing the rules, considered
3.18and implemented the legislative policy supporting performance-based regulatory systems
3.19set forth in section14.002 .
3.20For purposes of clause (8), "cumulative effect" means the impact that results from
3.21incremental impact of the proposed rule in addition to other rules, regardless of what
3.22state or federal agency has adopted the other rules. Cumulative effects can result from
3.23individually minor but collectively significant rules adopted over a period of time.
3.24The statement must also describe the agency's efforts to provide additional
3.25notification under section14.14, subdivision 1a , to persons or classes of persons who may
3.26be affected by the proposed rule or must explain why these efforts were not made.
3.27The agency must consult with the commissioner of management and budget to
3.28help evaluate the fiscal impact and fiscal benefits of the proposed rule on units of local
3.29government. The agency must send a copy of the statement of need and reasonableness
3.30to the Legislative Reference Library when the notice of hearing is mailed under section
3.3114.14, subdivision 1a
.
3.32 Sec. 5. REPORTS.
3.33By January 15, 2013, the Pollution Control Agency, Department of Natural
3.34Resources, Board of Water and Soil Resources, Environmental Quality Board, and
3.35Department of Agriculture must each report to the governor, the Legislative Coordinating
4.1Commission, and the policy and funding committees and divisions with jurisdiction over
4.2the agency. Each report must list the rules promulgated by the agency and provide the
4.3following information: (1) the statutory authority; (2) an assessment of any differences
4.4between the rules and existing federal regulations; (3) a list and brief rationale for rules
4.5that the agency believes should remain in effect; (4) any changes that would improve the
4.6agency's ability to meet the regulatory objectives prescribed by the legislature, while
4.7reducing an unnecessary burdens on regulated parties, including any means to better
4.8coordinate rulemaking between state agencies and other state and federal agencies. Any
4.9costs of preparing this report must be absorbed within funds otherwise appropriated to
4.10the agency.
1.3reporting on, agency rules;amending Minnesota Statutes 2010, sections 14.05,
1.4subdivision 1, by adding a subdivision; 14.116; 14.131.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 14.05, subdivision 1, is amended to read:
1.7 Subdivision 1. Authority to adopt original rules restricted. (a) Each agency shall
1.8adopt, amend, suspend, or repeal its rules: (1) in accordance with the procedures specified
1.9in sections
1.10state or federal law; (3) only that are necessary to serve the public interest; and (4) in full
1.11compliance with its duties and obligations.
1.12(b) If a law authorizing rules is repealed, the rules adopted pursuant to that law are
1.13automatically repealed on the effective date of the law's repeal unless there is another
1.14law authorizing the rules.
1.15(c) Except as provided in section
1.16authority for an agency to adopt, amend, suspend, or repeal rules.
1.17 Sec. 2. Minnesota Statutes 2010, section 14.05, is amended by adding a subdivision to
1.18read:
1.19 Subd. 1a. Limitation regarding certain policies, guidelines, and other
1.20nonbinding interpretive statements. Except as specifically authorized by law, an agency
1.21shall not seek to enforce against any person a policy, guideline, or other nonbinding
1.22interpretive statement that meets the definition of a rule if the policy, guideline, or other
2.1nonbinding interpretive statement has not been adopted as a rule in accordance with
2.2this chapter.
2.3 Sec. 3. Minnesota Statutes 2010, section 14.116, is amended to read:
2.414.116 NOTICE TO LEGISLATURE.
2.5(a) By January 15 each year, each agency must submit its rulemaking docket
2.6maintained under section 14.366, and the official rulemaking record required under section
2.714.365 for any rule adopted during the preceding calendar year, to the chairs and ranking
2.8minority members of the legislative policy and budget committees with jurisdiction over
2.9the subject matter of the proposed rule.
2.10(b) When an agency mails notice of intent to adopt rules under section
2.12and reasonableness to the chairs and ranking minority party members of the legislative
2.13policy and budget committees with jurisdiction over the subject matter of the proposed
2.14rules and to the Legislative Coordinating Commission.
2.15(c) In addition, if the mailing of the notice is within two years of the effective date
2.16of the law granting the agency authority to adopt the proposed rules, the agency shall
2.17make reasonable efforts to send a copy of the notice and the statement to all sitting
2.18legislators who were chief house of representatives and senate authors of the bill granting
2.19the rulemaking authority. If the bill was amended to include this rulemaking authority,
2.20the agency shall make reasonable efforts to send the notice and the statement to the chief
2.21house of representatives and senate authors of the amendment granting rulemaking
2.22authority, rather than to the chief authors of the bill.
2.23 Sec. 4. Minnesota Statutes 2010, section 14.131, is amended to read:
2.2414.131 STATEMENT OF NEED AND REASONABLENESS.
2.25By the date of the section
2.26prepare, review, and make available for public review a statement of the need for and
2.27reasonableness of the rule. The statement of need and reasonableness must be prepared
2.28under rules adopted by the chief administrative law judge and must include the following
2.29to the extent the agency, through reasonable effort, can ascertain this information:
2.30(1) a description of the classes of persons who probably will be affected by the
2.31proposed rule, including classes that will bear the costs of the proposed rule and classes
2.32that will benefit from the proposed rule;
2.33(2) the probable costs to the agency and to any other agency of the implementation
2.34and enforcement of the proposed rule and any anticipated effect on state revenues;
3.1(3) a determination of whether there are less costly methods or less intrusive
3.2methods for achieving the purpose of the proposed rule;
3.3(4) a description of any alternative methods for achieving the purpose of the
3.4proposed rule that were seriously considered by the agency and the reasons why they
3.5were rejected in favor of the proposed rule;
3.6(5) the probable costs of complying with the proposed rule, including the portion
3.7of the total costs that will be borne by identifiable categories of affected parties, such as
3.8separate classes of governmental units, businesses, or individuals;
3.9(6) the probable costs or consequences of not adopting the proposed rule, including
3.10those costs or consequences borne by identifiable categories of affected parties, such as
3.11separate classes of government units, businesses, or individuals;
3.12(7) an assessment of any differences between the proposed rule and existing federal
3.13regulations and a specific analysis of the need for and reasonableness of each difference
3.14and
3.15(8) an assessment of the cumulative effect of the rule with other federal and state
3.16regulations related to the specific purpose of the rule.
3.17The statement must describe how the agency, in developing the rules, considered
3.18and implemented the legislative policy supporting performance-based regulatory systems
3.19set forth in section
3.20For purposes of clause (8), "cumulative effect" means the impact that results from
3.21incremental impact of the proposed rule in addition to other rules, regardless of what
3.22state or federal agency has adopted the other rules. Cumulative effects can result from
3.23individually minor but collectively significant rules adopted over a period of time.
3.24The statement must also describe the agency's efforts to provide additional
3.25notification under section
3.26be affected by the proposed rule or must explain why these efforts were not made.
3.27The agency must consult with the commissioner of management and budget to
3.28help evaluate the fiscal impact and fiscal benefits of the proposed rule on units of local
3.29government. The agency must send a copy of the statement of need and reasonableness
3.30to the Legislative Reference Library when the notice of hearing is mailed under section
3.32 Sec. 5. REPORTS.
3.33By January 15, 2013, the Pollution Control Agency, Department of Natural
3.34Resources, Board of Water and Soil Resources, Environmental Quality Board, and
3.35Department of Agriculture must each report to the governor, the Legislative Coordinating
4.1Commission, and the policy and funding committees and divisions with jurisdiction over
4.2the agency. Each report must list the rules promulgated by the agency and provide the
4.3following information: (1) the statutory authority; (2) an assessment of any differences
4.4between the rules and existing federal regulations; (3) a list and brief rationale for rules
4.5that the agency believes should remain in effect; (4) any changes that would improve the
4.6agency's ability to meet the regulatory objectives prescribed by the legislature, while
4.7reducing an unnecessary burdens on regulated parties, including any means to better
4.8coordinate rulemaking between state agencies and other state and federal agencies. Any
4.9costs of preparing this report must be absorbed within funds otherwise appropriated to
4.10the agency.
