CSHB 130(FIN) AM(REENGROSSED): "An Act relating to the adoption, amendment, and repeal of regulations."
00CS FOR HOUSE BILL NO. 130(FIN) am(reengrossed) 01 "An Act relating to the adoption, amendment, and repeal of regulations." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 24.20.460(4) is amended to read: 04 (4) to examine all administrative regulations, including proposed 05 regulations, amendments, and orders of repeal, to determine if they properly 06 implement legislative intent and to provide comments on them to the governor and 07 state agencies; 08 * Sec. 2. AS 44.62.040(a) is amended to read: 09 (a) Subject to (c) of this section, every [EVERY] state agency that [WHICH] 10 by statute possesses regulation-making authority shall submit to the lieutenant governor 11 for filing a certified original and one duplicate copy of every regulation or order of 12 repeal adopted by it, except one that 13 (1) establishes or fixes rates, prices, or tariffs; 14 (2) relates to the use of public works, including streets and highways,
01 under the jurisdiction of a state agency if the effect of the order is indicated to the 02 public by means of signs or signals; or 03 (3) is directed to a specifically named person or to a group of persons 04 and does not apply generally throughout the state. 05 * Sec. 3. AS 44.62.040 is amended by adding a new subsection to read: 06 (c) Before submitting the regulations and orders of repeal to the lieutenant 07 governor under (a) of this section, every state agency that by statute possesses 08 regulation making authority, except boards and commissions and the office of the 09 ombudsman, shall submit to the governor for review a copy of every regulation or 10 order of repeal adopted by the agency, except regulations and orders of repeal 11 identified in (a)(1) - (2). The governor may review the regulations and orders of 12 repeal received under this subsection. The governor may return the regulations and 13 orders of repeal to the adopting agency before they are submitted to the lieutenant 14 governor for filing under (a) of this section, (1) if they are inconsistent with the 15 faithful execution of the laws or (2) to enable the adopting agency to respond to 16 specific issues raised by the Administrative Regulation Review Committee. The 17 governor may not delegate the governor's review authority under this subsection to a 18 person other than the lieutenant governor. 19 * Sec. 4. AS 44.62.190(a) is amended to read: 20 (a) At least 30 days before the adoption, amendment, or repeal of a regulation, 21 notice of the proposed action shall be 22 (1) published in the newspaper of general circulation or trade or 23 industry publication that the state agency prescribes and in the Alaska Administrative 24 Journal; in the discretion of the state agency giving the notice, the requirement of 25 publication in a newspaper or trade or industry publication may be satisfied by using 26 a combination of publication and broadcasting; when broadcasting the notice, an 27 agency may use an abbreviated form of the notice if the broadcast provides the name 28 and date of the newspaper or trade or industry journal where the full text of the notice 29 can be found; 30 (2) mailed to every person who has filed a request for notice of 31 proposed action with the state agency;
01 (3) if the agency is within a department, mailed or delivered to the 02 commissioner of the department; 03 (4) when appropriate in the judgment of the agency, 04 (A) mailed to a person or group of persons whom the agency 05 believes is interested in the proposed action; and 06 (B) published in the additional form and manner the state 07 agency prescribes; 08 (5) furnished the Department of Law together with a copy of the 09 proposed regulation, amendment, or order of repeal for the department's use in 10 preparing the opinion required after adoption and before filing by AS 44.62.060; 11 (6) furnished to all incumbent State of Alaska legislators and the 12 Legislative Affairs Agency; 13 (7) furnished to the standing committee of each house of the legislature 14 having legislative jurisdiction over the subject matter treated by the regulation under 15 the Uniform Rules of the Alaska State Legislature, together with a copy of the 16 proposed regulation, amendment, or order of repeal for the committee's use in 17 conducting the review authorized by AS 24.05.182; 18 (8) furnished to the staff of the Administrative Regulation Review 19 Committee, together with a copy of the proposed regulation, amendment, or order 20 of repeal and, if preparation of an appropriation increase estimate is required by 21 AS 44.62.195, a copy of the estimate. 22 * Sec. 5. AS 44.62.210(a) is amended to read: 23 (a) On the date and at the time and place designated in the notice the agency 24 shall give each interested person or the person's authorized representative, or both, the 25 opportunity to present statements, arguments, or contentions in writing, with or without 26 opportunity to present them orally. The state agency may accept material presented 27 by any form of communication authorized by this chapter and shall consider all 28 factual, substantive, and other relevant matter presented to it before adopting, 29 amending, or repealing a regulation. When considering the factual, substantive, and 30 other relevant matter, the agency shall pay special attention to the cost to private 31 persons of the proposed regulatory action.
01 * Sec. 6. AS 44.62 is amended by adding a new section to read: 02 Sec. 44.62.215. RECORD OF PUBLIC COMMENT. In the drafting, review, 03 or other preparation of a proposed regulation, amendment, or order of repeal, an 04 agency, other than a board or commission and the office of the ombudsman, shall keep 05 a record of its use or rejection of factual or other substantive information that is 06 submitted in writing as public comment and that is relevant to the accuracy, coverage, 07 or other aspect of the proposed regulatory action. 08 * Sec. 7. AS 44.62.230 is amended to read: 09 Sec. 44.62.230. PROCEDURE ON PETITION. Upon receipt of a petition 10 requesting the adoption, amendment, or repeal of a regulation under AS 44.62.180 - 11 44.62.290, a state agency shall, within 30 days, deny the petition in writing or schedule 12 the matter for public hearing under AS 44.62.190 - 44.62.215 [AS 44.62.190 - 13 44.62.210]. However, if the petition is for an emergency regulation, and the agency 14 finds that an emergency exists, the requirements of AS 44.62.040(c) and 44.62.190 - 15 44.62.215 [AS 44.62.190 - 44.62.210] do not apply, and the agency may submit the 16 regulation to the lieutenant governor immediately after making the finding of 17 emergency and putting the regulation into proper form. 18 * Sec. 8. AS 44.62.250 is amended to read: 19 Sec. 44.62.250. EMERGENCY REGULATIONS. A regulation or order of 20 repeal may be adopted as an emergency regulation or order of repeal if a state agency 21 makes a written finding, including a statement of the facts that constitute the 22 emergency, that the adoption of the regulation or order of repeal is necessary for the 23 immediate preservation of the public peace, health, safety, or general welfare. The 24 requirements of AS 44.62.040(c), 44.62.060, [AS 44.62.060] and 44.62.190 - 44.62.215 25 [44.62.190 - 44.62.210] do not apply to the initial adoption of emergency regulations; 26 however, upon adoption of an emergency regulation the adopting agency shall 27 immediately submit a copy of it to the lieutenant governor for filing and for 28 publication in the Alaska Administrative Register, and within five days after filing by 29 the lieutenant governor the agency shall give notice of the adoption in accordance with 30 AS 44.62.190(a). Failure to give the required notice by the end of the 10th day 31 automatically repeals the regulation.
01 * Sec. 9. AS 44.62.260 is amended to read: 02 Sec. 44.62.260. LIMITATION ON EFFECTIVE PERIOD OF EMERGENCY 03 REGULATIONS. (a) A regulation adopted as an emergency regulation does not 04 remain in effect more than 120 days unless the adopting agency complies with 05 AS 44.62.040(c), 44.62.060, [AS 44.62.060] and 44.62.190 - 44.62.215 [44.62.190 - 06 44.62.210] either before submitting the regulation to the lieutenant governor or during 07 the 120-day period. 08 (b) Before the expiration of the 120-day period, the agency shall transmit to 09 the lieutenant governor for filing a certification that AS 44.62.040(c), 44.62.060, 10 [AS 44.62.060] and 44.62.190 - 44.62.215 [44.62.190 - 44.62.210] were complied with 11 before submitting the regulation to the lieutenant governor, or that the agency complied 12 with those sections within the 120-day period. Failure to so certify repeals the 13 emergency regulation; it may not be renewed or refiled as an emergency regulation. 14 * Sec. 10. AS 46.03.020 is amended by adding a new subsection to read: 15 (b) Notwithstanding another provision of law to the contrary, when adopting 16 a regulation relating to the control, prevention, and abatement of air, water, or land or 17 subsurface land pollution, the department shall give special consideration to public 18 comments concerning the cost of compliance with the regulation and to alternate 19 practical methods of complying with the statute being interpreted or implemented by 20 the regulation. 21 * Sec. 11. APPLICABILITY FOR REGULATIONS. The changes made to AS 44.62 and 22 AS 46.03.020 by this Act do not apply to the adoption, amendment, or repeal of a regulation 23 unless the adoption, amendment, or repeal is first noticed under AS 44.62.200 on or after the 24 effective date of this Act.