SB 8

Introduction

This bill makes various changes relating to 1) the authority of a state agency

(agency) to promulgate administrative rules (rules) interpreting the provisions of a

statute enforced or administered by the agency and to implement or enforce any

standard, requirement, or threshold as a term or condition of a license issued by the

agency; 2) gubernatorial approval of proposed rules; 3) economic impact analyses for

proposed rules; and 4) venue in declaratory judgment actions seeking judicial review

of the validity of a rule and in actions in which the sole defendant is the state.

Agency authority to promulgate rules and implement standards

Under current law, an agency may promulgate rules interpreting the provisions

of any statute enforced or administered by the agency, if the agency considers it

necessary to effectuate the purpose of the statute, except that a rule is not valid if the

rule exceeds the bounds of correct interpretation.

This bill provides that all of the following apply to the promulgation of a rule

interpreting the provisions of a statute enforced or administered by an agency:

1. A statutory or nonstatutory provision containing a statement or declaration

of legislative intent, purpose, findings, or policy does not confer rule-making

authority on the agency or augment the agency's rule-making authority beyond the

rule-making authority that is expressly conferred on the agency by the legislature.

2. A statutory provision describing the agency's general powers or duties does

not confer rule-making authority on the agency or augment the agency's

rule-making authority beyond the rule-making authority that is expressly

conferred on the agency by the legislature.

3. A statutory provision containing a specific standard, requirement, or

threshold does not confer on the agency the authority to promulgate, enforce, or

administer a rule that contains a standard, requirement, or threshold that is more

restrictive than the standard, requirement, or threshold contained in the statutory

provision.

The bill also prohibits an agency from implementing or enforcing any standard,

requirement, or threshold as a term or condition of any license issued by the agency

unless such implementation or enforcement is expressly required or permitted by

statute or by a rule that has been promulgated in accordance with statutory

rule-making procedures. In addition, the bill permits the governor, by executive

order, to prescribe standards to ensure that rules are promulgated in compliance

with the subchapter of the statutes governing rule making.

Gubernatorial approval of proposed rules

Current law requires an agency that is planning to promulgate a rule to prepare

a statement of the scope of the proposed rule (statement of scope), present the

statement of scope to the individual or body with policy-making powers over the

subject matter of the proposed rule (policy-making individual or body) for approval,