Enrolled Bill Summary

            Senate Bill 633 adds a new section to the Administrative Procedure Act to require state agencies to perform regulatory analyses before adopting certain major environmental rules. The act applies to a major environmental rule that exceeds federal or state law, exceeds a requirement of a delegation agreement or contract between the state and the federal government to implement an environmental program, or is adopted under the general powers of the agency instead of under a specific state law.

            The regulatory analyses of a proposed rule shall identify the problem the rule is intended to address, determine whether the rule is necessary, and consider the benefits and costs of the proposed rule to state agencies, local governments, the public, the regulated community, and the environment. Provisions of the new section do not apply to state agency rules proposed or adopted on an emergency basis to protect the environment or to reduce risks to human health from environmental exposure.