CSHB 163(STA): "An Act relating to agency compliance cost estimates for proposed regulations, amendments, and repeals of regulations."
00CS FOR HOUSE BILL NO. 163(STA) 01 "An Act relating to agency compliance cost estimates for proposed regulations, 02 amendments, and repeals of regulations." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 44.62.190(d) is amended to read: 05 (d) Along with a notice furnished under (a)(2), (4)(A), (6), (7), or (8) of this 06 section, the state agency shall include the reason for the proposed action, the initial 07 cost to the state agency of implementation, the estimated annual costs to the state 08 agency of implementation, the compliance cost estimate required by AS 44.62.197, 09 the name of the contact person for the state agency, and the origin of the proposed 10 action. 11 * Sec. 2. AS 44.62 is amended by adding a new section to read: 12 Sec. 44.62.197. COMPLIANCE COST ESTIMATES. (a) If the adoption, 13 amendment, or repeal of a regulation will increase the costs for compliance by private 14 persons, the agency proposing the regulatory action shall prepare an estimate of the
01 anticipated increased compliance costs for those persons. The estimate must cover the 02 year following the adoption, amendment, or repeal of the regulation plus, if initial 03 compliance will take longer than one year, the additional period of time needed for 04 initial compliance. 05 (b) If an agency prepares the estimate required by (a) of this section and 06 demonstrates that it has made a good faith effort to prepare a reasonable estimate, a 07 person may not challenge in a court action the resulting regulation, amended 08 regulation, or repeal of a regulation, if the basis of the challenge is that the agency did 09 not comply with (a) of this section. 10 * Sec. 3. AS 44.62.200(a) is amended to read: 11 (a) The notice of proposed adoption, amendment, or repeal of a regulation 12 must include 13 (1) a statement of the time, place, and nature of proceedings for 14 adoption, amendment, or repeal of the regulation; 15 (2) reference to the authority under which the regulation is proposed 16 and a reference to the particular code section or other provisions of law that are being 17 implemented, interpreted, or made specific; 18 (3) an informative summary of the proposed subject of agency action; 19 (4) other matters prescribed by a statute applicable to the specific 20 agency or to the specific regulation or class of regulations; 21 (5) a summary of the fiscal information required to be prepared under 22 AS 44.62.195 and 44.62.197. 23 * Sec. 4. AS 44.62.320(b) is amended to read: 24 (b) At the same time a regulation is filed by the lieutenant governor, the 25 lieutenant governor shall submit the regulation to the chair [CHAIRMAN] and all 26 members of the Administrative Regulation Review Committee for review under 27 AS 24.20.400 - 24.20.460 together with the fiscal information required to be prepared 28 under AS 44.62.195 and 44.62.197.