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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 140                                                                                                         
01 Relating to the proposed adoption, amendment, or repeal of a regulation; and relating to                                
02 contact with agencies about regulations.                                                                                
03                           _______________                                                                               
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       SHORT TITLE. This Act may be known as the Regulation Impact Transparency Act.                                     
07    * Sec. 2. AS 44.62.040(c) is amended to read:                                                                      
08            (c)  Before submitting the regulations and orders of repeal to the lieutenant                                
09       governor under (a) of this section, every state agency that by statute possesses                                  
10       regulation making authority, except the Regulatory Commission of Alaska, the                                  
11       Board of Fisheries, the Board of Game, the Alaska Oil and Gas Conservation                                    
12       Commission [BOARDS AND COMMISSIONS], the office of victims' rights, and the                                   
13       office of the ombudsman, shall submit to the governor for review a copy of every                                  
14       regulation or order of repeal adopted by the agency, except regulations and orders of                             
01       repeal identified in (a)(1) and (2) [(a)(1) - (2)] of this section. The governor may                          
02       review the regulations and orders of repeal received under this subsection. The                                   
03       governor may return the regulations and orders of repeal to the adopting agency before                            
04       they are submitted to the lieutenant governor for filing under (a) of this section within                     
05       30 days (1) if they are inconsistent with the faithful execution of the laws, or (2) to                       
06       enable the adopting agency to respond to specific issues raised by the Administrative                             
07       Regulation Review Committee. The governor may not delegate the governor's review                                  
08       authority under this subsection to a person other than the lieutenant governor.                                   
09    * Sec. 3. AS 44.62.190(d) is amended to read:                                                                      
10            (d)  Along with a notice furnished under (a)(2), (4)(A), or (6) of this section,                             
11       the state agency, except the Regulatory Commission of Alaska, the Board of                                    
12       Fisheries, the Board of Game, and the Alaska Oil and Gas Conservation                                         
13       Commission, shall include                                                                                     
14                 (1)  the reason for the proposed action, including, if applicable, an                           
15       identification of the law, order, decision, or other action of the federal                                    
16       government or a federal or state court that is the basis for the proposed action; in                          
17       this paragraph, "federal government" means a department, agency, corporation,                                 
18       or instrumentality of the United States government;                                                           
19                 (2)  the initial cost to the state agency of implementation;                                    
20                 (3)  [,] the estimated annual costs, based on a good faith effort to                            
21       estimate the costs in the aggregate for each of the following categories using the                            
22       information available to the state agency, to                                                                 
23                      (A)  private persons to comply with the proposed action;                                       
24                      (B)  the state agency for [OF] implementation and to other                             
25            state agencies to comply with the proposed action; and                                                   
26                      (C)  municipalities to comply with the proposed action;                                        
27                 (4)  [,] the name of the contact person for the state agency; [,] and                           
28                 (5)  the origin of the proposed action.                                                             
29    * Sec. 4. AS 44.62.190 is amended by adding new subsections to read:                                               
30            (f)  To the extent feasible, the subject line of electronic mail and the title of a                          
31       written publication providing the information required by (d) of this section must give                           
01       the reader a fair idea of the substance of the proposed new regulation, the proposed                              
02       amended regulation, or the regulation proposed for repeal.                                                        
03            (g)  Along with a notice furnished under (a)(2), (4)(A), or (6) of this section,                             
04       the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, and                               
05       the Alaska Oil and Gas Conservation Commission shall include the reason for the                                   
06       proposed action, the initial cost of implementation to the state agency, the estimated                            
07       annual costs of implementation to the state agency, the name of a contact person, and                             
08       the origin of the proposed action.                                                                                
09    * Sec. 5. AS 44.62.200(c) is amended to read:                                                                      
10            (c) An agency that issues a notice under this section shall ensure [ASSURE]                              
11       that the notice is prepared in a form adequate for posting on the Alaska Online Public                            
12       Notice System. Unless the adoption, amendment, or repeal of a regulation is                                   
13       proposed by the Regulatory Commission of Alaska, the Board of Fisheries, the                                  
14       Board of Game, or the Alaska Oil and Gas Conservation Commission, a complete                                  
15       copy of each proposed adoption, amendment, or repeal of a regulation and, if                                  
16       feasible and not prohibited by copyright, any document or other material                                      
17       incorporated by reference, including any document or other material                                           
18       incorporated by reference under this section, in the proposed adoption or                                     
19       amendment shall be made available on the Alaska Online Public Notice System                                   
20       by providing an electronic attachment or link to the complete text.                                           
21    * Sec. 6. AS 44.62.200(d) is amended to read:                                                                      
22            (d)  When a state agency, other than the Regulatory Commission of Alaska, the                                
23       Board of Fisheries, or the Board of Game, posts, furnishes, or otherwise provides a                               
24       notice of the proposed adoption, amendment, or repeal of a regulation under                                       
25       AS 44.62.190, a brief description of the changes made by the proposed adoption,                                   
26       amendment, or repeal must accompany the notice. However, if, under                                                
27       AS 44.62.190(a), the notice is published in a newspaper or trade or industry                                      
28       publication or is broadcast, this subsection does not require that the brief description                          
29       otherwise required by this subsection accompany the publication or the broadcast. To                              
30       the extent practicable, the brief description shall be written in clear, easily readable                          
31       language that a person without a legal background is able to understand.                                          
01       [NOTWITHSTANDING AS 44.62.300, AN ACTION MAY NOT BE BROUGHT                                                       
02       FOR FAILURE OF THE BRIEF DESCRIPTION TO COMPLY WITH THE                                                           
03       REQUIREMENTS OF THIS SUBSECTION RELATING TO THE DESCRIPTION                                                       
04       OF THE CHANGES OR ITS CLARITY AND READABILITY.]                                                                   
05    * Sec. 7. AS 44.62 is amended by adding a new section to read:                                                     
06            Sec. 44.62.213. Agency contact with the public. (a) Notwithstanding any                                    
07       other provision of this chapter, while an agency is developing a regulatory action and                            
08       before the agency provides a notice of proposed action under AS 44.62.190, the                                    
09       agency may contact a person about the development of the regulatory action, and the                               
10       agency may answer a question from a person that is relevant to the development of the                             
11       regulatory action. In this subsection, "regulatory action" means the adoption,                                    
12       amendment, or repeal of a regulation.                                                                             
13            (b)  Notwithstanding any other provision of this chapter, after an agency                                    
14       provides a notice of proposed action under AS 44.62.190, the agency shall make a                                  
15       good faith effort to answer, before the end of the public comment period, a question                              
16       that is relevant to the proposed action, if the question is received in writing or asked at                       
17       a public meeting at least 10 days before the end of the public comment period. If a                               
18       question is received after the 10-day cutoff date, the agency may answer the question.                            
19       When an agency answers a question under this section, the agency shall answer the                                 
20       question in writing and make the question and answer available to the public. An                                  
21       agency may satisfy the requirements of this section by posting answers to frequently                              
22       asked questions about the proposed action on the Alaska Online Public Notice System                               
23       and may aggregate substantially similar questions and agency responses and provide a                              
24       single consolidated response to substantially similar questions.                                                  
25            (c)  In this section, "agency" does not include the Regulatory Commission of                                 
26       Alaska, the Board of Fisheries, the Board of Game, or the Alaska Oil and Gas                                      
27       Conservation Commission.                                                                                          
28    * Sec. 8. AS 44.62.215 is amended to read:                                                                         
29            Sec. 44.62.215. Record of public comment. In the drafting, review, or other                                
30       preparation of a proposed regulation, amendment, or order of repeal, an agency, other                             
31       than the Regulatory Commission of Alaska, the Board of Fisheries, the Board of                                
01       Game, the Alaska Oil and Gas Conservation Commission [A BOARD OR                                              
02       COMMISSION], the office of victims' rights, and the office of the ombudsman, shall                                
03       keep a record of its use or rejection of factual or other substantive information that is                         
04       received [SUBMITTED] in writing or orally as public comment and that is relevant                          
05       to the accuracy, coverage, or other aspect of the proposed regulatory action.                                     
06    * Sec. 9. AS 44.62.245(c) is amended to read:                                                                      
07            (c)  The state agency shall also send the notice described in (b)(2) of this                                 
08       section to                                                                                                        
09                 (1)  a person who has placed the person's name on a distribution list                                   
10       kept by the agency that lists persons who want to receive the notice; the agency may                              
11       allow a person to request that distribution of the notice be by electronic means and                              
12       shall honor that request if appropriate means are available; [AND]                                                
13                 (2)  the regulations attorney in the Department of Law; and                                         
14                 (3)  the members of the Administrative Regulation Review                                            
15       Committee.                                                                                                    
16    * Sec. 10. AS 44.62.300 is amended by adding a new subsection to read:                                             
17            (b)  Notwithstanding (a) of this section, a person may not bring an action in                                
18       court to challenge the adoption, repeal, or amendment of a regulation by a state agency                           
19       for                                                                                                               
20                 (1)  insufficiency or inaccuracy of the information provided under                                      
21       AS 44.62.190(d) or (g);                                                                                           
22                 (2)  failure of the subject line of electronic mail or the title of a written                           
23       publication to meet the requirements of AS 44.62.190(f);                                                          
24                 (3)  failure of the brief description required by AS 44.62.200(d) to                                    
25       comply with the requirements of AS 44.62.200(d) relating to                                                       
26                      (A)  the clarity and readability of the brief description; or                                      
27                      (B)  the description of the changes made by the proposed                                           
28            adoption, amendment, or repeal of a regulation; or                                                           
29                 (4)  inaccuracy or insufficiency of the answer to a question provided by                                
30       the state agency under AS 44.62.213.                                                                              
31    * Sec. 11. AS 44.62.320 is amended by adding new subsections to read:                                              
01            (c)  At the same time as a regulation is submitted to the governor under                                     
02       AS 44.62.040(c), the state agency shall submit the regulation to the chair and all                                
03       members of the Administrative Regulation Review Committee for review under                                        
04       AS 24.20.400 - 24.20.460 together with the fiscal information required to be prepared                             
05       under AS 44.62.195.                                                                                               
06            (d)  Within 10 days after receiving a regulation under (c) of this section, the                              
07       chair of the Administrative Regulation Review Committee may submit to the                                         
08       governor, by legislative memorandum or letter, comments on the regulation.                                        
09    * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to                         
10 read:                                                                                                                   
11       APPLICABILITY. AS 44.62.040(c), as amended by sec. 2 of this Act,                                                 
12 AS 44.62.190(d), as amended by sec. 3 of this Act, AS 44.62.190(f) and (g), added by sec. 4                             
13 of this Act, AS 44.62.200(c), as amended by sec. 5 of this Act, AS 44.62.200(d), as amended                             
14 by sec. 6 of this Act, AS 44.62.213(b) and (c), enacted by sec. 7 of this Act, AS 44.62.215, as                         
15 amended by sec. 8 of this Act, AS 44.62.245(c), as amended by sec. 9 of this Act,                                       
16 AS 44.62.300(b), added by sec. 10 of this Act, and AS 44.62.320(c) - (d), added by sec. 11 of                           
17 this Act, apply to proposed regulations first published under AS 44.62.190 on or after the                              
18 effective date of this Act.                                                                                             
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