Bill Text: MN HF2169 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: State agency notice to the legislature and requirements modified for statements of need and reasonableness.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-24 - Author added Eken [HF2169 Detail]
Download: Minnesota-2011-HF2169-Engrossed.html
1.2relating to state government; regulating agency rulemaking; modifying notice
1.3to the legislature and requirements for statements of need and reasonableness;
1.4requiring certain reports;amending Minnesota Statutes 2010, sections 14.116;
1.514.131.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 14.116, is amended to read:
1.814.116 NOTICE TO LEGISLATURE.
1.9(a) By January 15 each year, each agency must submit its rulemaking docket
1.10maintained under section 14.366, and the official rulemaking record required under section
1.1114.365 for any rule adopted during the preceding calendar year, to the chairs and ranking
1.12minority members of the legislative policy and budget committees with jurisdiction over
1.13the subject matter of the proposed rule.
1.14(b) When an agency mails notice of intent to adopt rules under section14.14 or
1.1514.22
, the agency must send a copy of the same notice and a copy of the statement of need
1.16and reasonableness to the chairs and ranking minority party members of the legislative
1.17policy and budget committees with jurisdiction over the subject matter of the proposed
1.18rules and to the Legislative Coordinating Commission.
1.19(c) In addition, if the mailing of the notice is within two years of the effective date
1.20of the law granting the agency authority to adopt the proposed rules, the agency shall
1.21make reasonable efforts to send a copy of the notice and the statement to all sitting
1.22legislators who were chief house of representatives and senate authors of the bill granting
1.23the rulemaking authority. If the bill was amended to include this rulemaking authority,
1.24the agency shall make reasonable efforts to send the notice and the statement to the chief
2.1house of representatives and senate authors of the amendment granting rulemaking
2.2authority, rather than to the chief authors of the bill.
2.3 Sec. 2. Minnesota Statutes 2010, section 14.131, is amended to read:
2.414.131 STATEMENT OF NEED AND REASONABLENESS.
2.5By the date of the section14.14, subdivision 1a , notice, the agency must
2.6prepare, review, and make available for public review a statement of the need for and
2.7reasonableness of the rule. The statement of need and reasonableness must be prepared
2.8under rules adopted by the chief administrative law judge and must include the following
2.9to the extent the agency, through reasonable effort, can ascertain this information:
2.10(1) a description of the classes of persons who probably will be affected by the
2.11proposed rule, including classes that will bear the costs of the proposed rule and classes
2.12that will benefit from the proposed rule;
2.13(2) the probable costs to the agency and to any other agency of the implementation
2.14and enforcement of the proposed rule and any anticipated effect on state revenues;
2.15(3) a determination of whether there are less costly methods or less intrusive
2.16methods for achieving the purpose of the proposed rule;
2.17(4) a description of any alternative methods for achieving the purpose of the
2.18proposed rule that were seriously considered by the agency and the reasons why they
2.19were rejected in favor of the proposed rule;
2.20(5) the probable costs of complying with the proposed rule, including the portion
2.21of the total costs that will be borne by identifiable categories of affected parties, such as
2.22separate classes of governmental units, businesses, or individuals;
2.23(6) the probable costs or consequences of not adopting the proposed rule, including
2.24those costs or consequences borne by identifiable categories of affected parties, such as
2.25separate classes of government units, businesses, or individuals;and
2.26(7) an assessment of any differences between the proposed rule and existing federal
2.27regulations and a specific analysis of the need for and reasonableness of each difference.;
2.28and
2.29(8) an assessment of the cumulative effect of the rule with other federal and state
2.30regulations related to the specific purpose of the rule.
2.31The statement must describe how the agency, in developing the rules, considered
2.32and implemented the legislative policy supporting performance-based regulatory systems
2.33set forth in section14.002 .
2.34For purposes of clause (8), "cumulative effect" means the impact that results from
2.35incremental impact of the proposed rule in addition to other rules, regardless of what
3.1state or federal agency has adopted the other rules. Cumulative effects can result from
3.2individually minor but collectively significant rules adopted over a period of time.
3.3The statement must also describe the agency's efforts to provide additional
3.4notification under section14.14, subdivision 1a , to persons or classes of persons who may
3.5be affected by the proposed rule or must explain why these efforts were not made.
3.6The agency must consult with the commissioner of management and budget to
3.7help evaluate the fiscal impact and fiscal benefits of the proposed rule on units of local
3.8government. The agency must send a copy of the statement of need and reasonableness
3.9to the Legislative Reference Library when the notice of hearing is mailed under section
3.1014.14, subdivision 1a
.
3.11 Sec. 3. REPORTS.
3.12By January 15, 2013, the Pollution Control Agency, Department of Natural
3.13Resources, Board of Water and Soil Resources, Environmental Quality Board, and
3.14Department of Agriculture must each report to the governor, the Legislative Coordinating
3.15Commission, and the policy and funding committees and divisions with jurisdiction over
3.16the agency. Each report must update information that was reported as required by Laws
3.172000, chapter 469, section 4, subdivision 1. The reports from the Board of Water and Soil
3.18Resources and the Environmental Quality Board must include the information required by
3.19Laws 2000, chapter 469, section 4, subdivision 1.
1.3to the legislature and requirements for statements of need and reasonableness;
1.4requiring certain reports;amending Minnesota Statutes 2010, sections 14.116;
1.514.131.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 14.116, is amended to read:
1.814.116 NOTICE TO LEGISLATURE.
1.9(a) By January 15 each year, each agency must submit its rulemaking docket
1.10maintained under section 14.366, and the official rulemaking record required under section
1.1114.365 for any rule adopted during the preceding calendar year, to the chairs and ranking
1.12minority members of the legislative policy and budget committees with jurisdiction over
1.13the subject matter of the proposed rule.
1.14(b) When an agency mails notice of intent to adopt rules under section
1.16and reasonableness to the chairs and ranking minority party members of the legislative
1.17policy and budget committees with jurisdiction over the subject matter of the proposed
1.18rules and to the Legislative Coordinating Commission.
1.19(c) In addition, if the mailing of the notice is within two years of the effective date
1.20of the law granting the agency authority to adopt the proposed rules, the agency shall
1.21make reasonable efforts to send a copy of the notice and the statement to all sitting
1.22legislators who were chief house of representatives and senate authors of the bill granting
1.23the rulemaking authority. If the bill was amended to include this rulemaking authority,
1.24the agency shall make reasonable efforts to send the notice and the statement to the chief
2.1house of representatives and senate authors of the amendment granting rulemaking
2.2authority, rather than to the chief authors of the bill.
2.3 Sec. 2. Minnesota Statutes 2010, section 14.131, is amended to read:
2.414.131 STATEMENT OF NEED AND REASONABLENESS.
2.5By the date of the section
2.6prepare, review, and make available for public review a statement of the need for and
2.7reasonableness of the rule. The statement of need and reasonableness must be prepared
2.8under rules adopted by the chief administrative law judge and must include the following
2.9to the extent the agency, through reasonable effort, can ascertain this information:
2.10(1) a description of the classes of persons who probably will be affected by the
2.11proposed rule, including classes that will bear the costs of the proposed rule and classes
2.12that will benefit from the proposed rule;
2.13(2) the probable costs to the agency and to any other agency of the implementation
2.14and enforcement of the proposed rule and any anticipated effect on state revenues;
2.15(3) a determination of whether there are less costly methods or less intrusive
2.16methods for achieving the purpose of the proposed rule;
2.17(4) a description of any alternative methods for achieving the purpose of the
2.18proposed rule that were seriously considered by the agency and the reasons why they
2.19were rejected in favor of the proposed rule;
2.20(5) the probable costs of complying with the proposed rule, including the portion
2.21of the total costs that will be borne by identifiable categories of affected parties, such as
2.22separate classes of governmental units, businesses, or individuals;
2.23(6) the probable costs or consequences of not adopting the proposed rule, including
2.24those costs or consequences borne by identifiable categories of affected parties, such as
2.25separate classes of government units, businesses, or individuals;
2.26(7) an assessment of any differences between the proposed rule and existing federal
2.27regulations and a specific analysis of the need for and reasonableness of each difference
2.28and
2.29(8) an assessment of the cumulative effect of the rule with other federal and state
2.30regulations related to the specific purpose of the rule.
2.31The statement must describe how the agency, in developing the rules, considered
2.32and implemented the legislative policy supporting performance-based regulatory systems
2.33set forth in section
2.34For purposes of clause (8), "cumulative effect" means the impact that results from
2.35incremental impact of the proposed rule in addition to other rules, regardless of what
3.1state or federal agency has adopted the other rules. Cumulative effects can result from
3.2individually minor but collectively significant rules adopted over a period of time.
3.3The statement must also describe the agency's efforts to provide additional
3.4notification under section
3.5be affected by the proposed rule or must explain why these efforts were not made.
3.6The agency must consult with the commissioner of management and budget to
3.7help evaluate the fiscal impact and fiscal benefits of the proposed rule on units of local
3.8government. The agency must send a copy of the statement of need and reasonableness
3.9to the Legislative Reference Library when the notice of hearing is mailed under section
3.11 Sec. 3. REPORTS.
3.12By January 15, 2013, the Pollution Control Agency, Department of Natural
3.13Resources, Board of Water and Soil Resources, Environmental Quality Board, and
3.14Department of Agriculture must each report to the governor, the Legislative Coordinating
3.15Commission, and the policy and funding committees and divisions with jurisdiction over
3.16the agency. Each report must update information that was reported as required by Laws
3.172000, chapter 469, section 4, subdivision 1. The reports from the Board of Water and Soil
3.18Resources and the Environmental Quality Board must include the information required by
3.19Laws 2000, chapter 469, section 4, subdivision 1.
