HCS CSSB 24(JUD): "An Act relating to regulations; and providing for an effective date."
00HOUSE CS FOR CS FOR SENATE BILL NO. 24(JUD) 01 "An Act relating to regulations; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new 04 section to read: 05 SHORT TITLE. This Act may be known as the Alaska Regulations Reform Act. 06 * Sec. 2. AS 44.62.190(a) is amended to read: 07 (a) At least 30 days before the adoption, amendment, or repeal of a regulation, 08 notice of the proposed action shall be 09 (1) published in the newspaper of general circulation or trade or 10 industry publication that the state agency prescribes and in the Alaska Administrative 11 Journal; in the discretion of the state agency giving the notice, the requirement of 12 publication in a newspaper or trade or industry publication may be satisfied by using 13 a combination of publication and broadcasting; [WHEN BROADCASTING THE 14 NOTICE, AN AGENCY MAY USE AN ABBREVIATED FORM OF THE NOTICE
01 IF THE BROADCAST PROVIDES THE NAME AND DATE OF THE NEWSPAPER 02 OR TRADE OR INDUSTRY JOURNAL WHERE THE FULL TEXT OF THE 03 NOTICE CAN BE FOUND;] 04 (2) furnished [MAILED] to every person who has filed a request for 05 notice of proposed action with the state agency; 06 (3) if the agency is within a department, furnished [MAILED OR 07 DELIVERED ] to the commissioner of the department; 08 (4) when appropriate in the judgment of the agency, 09 (A) furnished [MAILED] to a person or group of persons who 10 [WHOM] the agency believes is interested in the proposed action; and 11 (B) provided [PUBLISHED] in the additional form and manner 12 the state agency prescribes; 13 (5) furnished to the Department of Law together with a copy of the 14 proposed regulation, amendment, or order of repeal for the department's use in 15 preparing the opinion required after adoption and before filing by AS 44.62.060; 16 (6) furnished to all incumbent State of Alaska legislators and the 17 Legislative Affairs Agency; 18 (7) furnished to the standing committee of each house of the legislature 19 having legislative jurisdiction over the subject matter treated by the regulation under 20 the Uniform Rules of the Alaska State Legislature, together with a copy of the 21 proposed regulation, amendment, or order of repeal for the committee's use in 22 conducting the review authorized by AS 24.05.182; 23 (8) furnished to the staff of the Administrative Regulation Review 24 Committee, together with a copy of the proposed regulation, amendment, or order of 25 repeal and, if preparation of an appropriation increase estimate is required by 26 AS 44.62.195, a copy of the estimate. 27 * Sec. 3. AS 44.62.190(c) is amended to read: 28 (c) The failure to furnish [MAIL] notice to a person as provided in this 29 section does not invalidate an action taken by an agency under AS 44.62.180 - 30 44.62.290. 31 * Sec. 4. AS 44.62 is amended by adding a new section to read:
01 Sec. 44.62.213. Additional procedural requirements for certain state 02 agencies. (a) The provisions of this section apply to regulations of the Department 03 of Environmental Conservation, but do not apply to regulations of 04 (1) a board or commission located in the Department of Environmental 05 Conservation; or 06 (2) any other organizational entity located in the Department of 07 Environmental Conservation if the organizational entity is governed by a board whose 08 members are subject to confirmation by the legislature. 09 (b) In addition to complying with the notice requirements of AS 44.62.190, a 10 state agency to which this section applies shall 11 (1) furnish notice to persons who have provided comment to the state 12 agency under AS 44.62.210 on earlier versions of the proposed adoption, amendment, 13 or repeal of the regulation; and 14 (2) publish the notice on the Internet. 15 (c) Notwithstanding the variance in content authorized by AS 44.62.200(b), 16 and except as provided in (d) of this section, a regulation that is adopted, amended, or 17 repealed by a state agency to which this section applies may vary in content from the 18 summary specified in AS 44.62.200(a)(3) if the subject matter of the regulation 19 remains the same and the notice was written so as to assure that members of the public 20 are reasonably notified of the proposed subject of agency action in order for them to 21 determine whether their interests could be affected by agency action on that subject. 22 (d) If a state agency to which this section applies rewrites a proposed 23 regulation, an amendment of a regulation, or an order of repeal after it has complied 24 with AS 44.62.190, 44.62.200, and 44.62.210, and if the rewriting substantially 25 changes the substance of the regulation, amendment, or order, the state agency shall, 26 before adoption, provide notice and opportunity for public comment under 27 AS 44.62.190(a)(2) - (8), 44.62.200, 44.62.210, and (b) of this section for the 28 rewritten regulation, amendment, or order of repeal. 29 (e) If the state agency does not provide the notice and opportunity for public 30 comment under (d) of this section for a rewritten proposed regulation, amendment, or 31 order of repeal because it believes the rewriting did not substantially change the
01 substance, 02 (1) the state agency shall prepare a written explanation of the reasons 03 why the requirement of (d) of this section does not apply; and 04 (2) when the adopted regulation, amendment, or order of repeal is 05 published in the Alaska Administrative Journal, the lieutenant governor shall include 06 the state agency's explanation provided under (1) of this subsection with the text or a 07 summary of the text of the regulation, amendment, or order of repeal. 08 (f) The provisions of (d) and (e) of this section do not apply to regulations 09 (1) adopted under AS 44.62.260 to make emergency regulations 10 permanent; or 11 (2) that are necessary to meet federal requirements, to obtain an 12 exemption for a person, program, or situation in the state from federal requirements, 13 or to revise, in a manner that reduces any burden imposed by a federal requirement, 14 how the federal requirement will apply to a person, program, or situation in the state. 15 (g) If a statute is enacted or amended relating to a state agency to which this 16 section applies, the state agency shall, within 90 days after the effective date of the 17 statute or amendment, publish notice in the manner required under AS 44.62.190(a)(1) 18 that the commissioner of the agency does or does not find regulations presently 19 necessary to implement, interpret, or make specific the statute or amendment or to 20 govern applicable procedures. 21 (h) If a state agency to which this section applies publishes notice under (g) 22 of this section that the commissioner does not find regulations presently necessary, and 23 the commissioner subsequently finds that regulations are necessary to implement, 24 interpret, or make specific the statute or amendment or to govern applicable 25 procedures, the agency shall, within 90 days after the commissioner's revised finding, 26 publish notice of the revised finding in the manner required under AS 44.62.190(a)(1). 27 (i) A state agency to which this section applies may not take more than two 28 years to adopt regulations that the commissioner of the agency finds are necessary 29 under (g) or (h) of this section unless the agency complies with (j) of this section. The 30 two-year period begins on the date of the commissioner's finding that regulations are 31 necessary under (g) or (h) of this section. However, the requirement of this subsection
01 is not intended to prohibit the agency from amending a regulation after the regulation 02 has been adopted. 03 (j) If 21 months of the two-year time limit established under (i) of this section 04 for the adoption of regulations elapse without the agency adopting the regulations, and 05 if the agency determines that adopting the regulations will occur later than the two- 06 year time limit, the agency shall prepare a written report containing the reasons for the failure 07 and submit the report before expiration of the two-year time limit to the governor, the 08 president of the senate, the speaker of the house, and the chair of the Administrative 09 Regulation Review Committee established under AS 24.20.400. 10 (k) Notwithstanding AS 44.62.300, a court may not hold a regulation invalid 11 for failure to comply with (g) - (j) of this section. 12 * Sec. 5. AS 44.62.190(d) is repealed. 13 * Sec. 6. AS 44.62.213, enacted by sec. 4 of this Act, is repealed. 14 * Sec. 7. Sections 1, 8, and 9 of this Act are repealed. 15 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section 16 to read: 17 APPLICABILITY OF AS 44.62.213(g) - (k). AS 44.62.213(g) - (k), added by sec. 4 18 of this Act, apply to the adoption of regulations under a statute or amendment if the effective 19 date of the Act enacting the statute or amendment is the same as or after the effective date 20 of sec. 4 of this Act. 21 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section 22 to read: 23 APPLICABILITY OF OTHER NEW PROVISIONS. Except as provided by sec. 8, 24 secs. 1 - 5 of this Act apply to the adoption, amendment, or repeal of a regulation if the 25 original notice under AS 44.62.190 of the adoption, amendment, or repeal is given on or after 26 the effective date of secs. 1 - 5 of this Act. 27 * Sec. 10. Sections 1 - 5, 8, and 9 of this Act take effect July 1, 2000. 28 * Sec. 11. Sections 6 and 7 of this Act take effect July 1, 2005.