Minnesota Legislature
SF 1922
2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/19/2012 12:29pm
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16
1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2
2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22
2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31
3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10
A bill for an act
relating to state government; providing methods for certain review of, and
reporting on, agency rules; amending Minnesota Statutes 2010, sections 14.05,
subdivision 1, by adding a subdivision; 14.116; 14.131.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 14.05, subdivision 1, is amended to read:
Subdivision 1.
Authority to adopt original rules restricted.
new text begin (a) new text end Each agency shall
adopt, amend, suspend, or repeal its rulesnew text begin : (1)new text end in accordance with the procedures specified
in sections 14.001 to 14.69deleted text begin , anddeleted text end new text begin ; (2)new text end only pursuant to authoritynew text begin expresslynew text end delegated bynew text begin
state or federalnew text end lawnew text begin ; (3) only that are necessary to serve the public interest;new text end andnew text begin (4)new text end in full
compliance with its duties and obligations.
new text begin (b)new text end If a law authorizing rules is repealed, the rules adopted pursuant to that law are
automatically repealed on the effective date of the law's repeal unless there is another
law authorizing the rules.
new text begin (c)new text end Except as provided in section 14.06, sections 14.001 to 14.69 shall not be
authority for an agency to adopt, amend, suspend, or repeal rules.
Sec. 2.
Minnesota Statutes 2010, section 14.05, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin
Limitation regarding certain policies, guidelines, and other
nonbinding interpretive statements.
new text end
new text begin
Except as specifically authorized by law, an agency
shall not seek to enforce against any person a policy, guideline, or other nonbinding
interpretive statement that meets the definition of a rule if the policy, guideline, or other
nonbinding interpretive statement has not been adopted as a rule in accordance with
this chapter.
new text end
Sec. 3.
Minnesota Statutes 2010, section 14.116, is amended to read:
14.116 NOTICE TO LEGISLATURE.
new text begin
(a) By January 15 each year, each agency must submit its rulemaking docket
maintained under section 14.366, and the official rulemaking record required under section
14.365 for any rule adopted during the preceding calendar year, to the chairs and ranking
minority members of the legislative policy and budget committees with jurisdiction over
the subject matter of the proposed rule.
new text end
new text begin (b)new text end When an agency mails notice of intent to adopt rules under section 14.14 or
14.22, the agency must send a copy of the same notice and a copy of the statement of need
and reasonableness to the chairs and ranking minority party members of the legislative
policy and budget committees with jurisdiction over the subject matter of the proposed
rulesnew text begin and to the Legislative Coordinating Commissionnew text end .
new text begin (c)new text end In addition, if the mailing of the notice is within two years of the effective date
of the law granting the agency authority to adopt the proposed rules, the agency shall
make reasonable efforts to send a copy of the notice and the statement to all sitting
legislators who were chief house of representatives and senate authors of the bill granting
the rulemaking authority. If the bill was amended to include this rulemaking authority,
the agency shall make reasonable efforts to send the notice and the statement to the chief
house of representatives and senate authors of the amendment granting rulemaking
authority, rather than to the chief authors of the bill.
Sec. 4.
Minnesota Statutes 2010, section 14.131, is amended to read:
14.131 STATEMENT OF NEED AND REASONABLENESS.
By the date of the section 14.14, subdivision 1a, notice, the agency must
prepare, review, and make available for public review a statement of the need for and
reasonableness of the rule. The statement of need and reasonableness must be prepared
under rules adopted by the chief administrative law judge and must include the following
to the extent the agency, through reasonable effort, can ascertain this information:
(1) a description of the classes of persons who probably will be affected by the
proposed rule, including classes that will bear the costs of the proposed rule and classes
that will benefit from the proposed rule;
(2) the probable costs to the agency and to any other agency of the implementation
and enforcement of the proposed rule and any anticipated effect on state revenues;
(3) a determination of whether there are less costly methods or less intrusive
methods for achieving the purpose of the proposed rule;
(4) a description of any alternative methods for achieving the purpose of the
proposed rule that were seriously considered by the agency and the reasons why they
were rejected in favor of the proposed rule;
(5) the probable costs of complying with the proposed rule, including the portion
of the total costs that will be borne by identifiable categories of affected parties, such as
separate classes of governmental units, businesses, or individuals;
(6) the probable costs or consequences of not adopting the proposed rule, including
those costs or consequences borne by identifiable categories of affected parties, such as
separate classes of government units, businesses, or individuals; deleted text begin and
deleted text end
(7) an assessment of any differences between the proposed rule and existing federal
regulations and a specific analysis of the need for and reasonableness of each differencedeleted text begin .deleted text end new text begin ;
and
new text end
new text begin
(8) an assessment of the cumulative effect of the rule with other federal and state
regulations related to the specific purpose of the rule.
new text end
The statement must describe how the agency, in developing the rules, considered
and implemented the legislative policy supporting performance-based regulatory systems
set forth in section 14.002.
new text begin
For purposes of clause (8), "cumulative effect" means the impact that results from
incremental impact of the proposed rule in addition to other rules, regardless of what
state or federal agency has adopted the other rules. Cumulative effects can result from
individually minor but collectively significant rules adopted over a period of time.
new text end
The statement must also describe the agency's efforts to provide additional
notification under section 14.14, subdivision 1a, to persons or classes of persons who may
be affected by the proposed rule or must explain why these efforts were not made.
The agency must consult with the commissioner of management and budget to
help evaluate the fiscal impact and fiscal benefits of the proposed rule on units of local
government. The agency must send a copy of the statement of need and reasonableness
to the Legislative Reference Library when the notice of hearing is mailed under section
14.14, subdivision 1a.
Sec. 5. new text begin REPORTS.
new text end
new text begin
By January 15, 2013, the Pollution Control Agency, Department of Natural
Resources, Board of Water and Soil Resources, Environmental Quality Board, and
Department of Agriculture must each report to the governor, the Legislative Coordinating
Commission, and the policy and funding committees and divisions with jurisdiction over
the agency. Each report must list the rules promulgated by the agency and provide the
following information: (1) the statutory authority; (2) an assessment of any differences
between the rules and existing federal regulations; (3) a list and brief rationale for rules
that the agency believes should remain in effect; (4) any changes that would improve the
agency's ability to meet the regulatory objectives prescribed by the legislature, while
reducing an unnecessary burdens on regulated parties, including any means to better
coordinate rulemaking between state agencies and other state and federal agencies. Any
costs of preparing this report must be absorbed within funds otherwise appropriated to
the agency.
new text end