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Tuesday, January 15, 2013

Ind. Gov't. - Executive Order "ordering a moratorium on regulations" simply more of the same?

Gov. Pence's moratorium on new rulemakings, issued yesterday, provides that:

OMB shall perform a comprehensive evaluation and rigorous cost benefit analysis of existing administrative rules as adopted under Ind. Code 4-22-2 and Ind. Code 13-14-9. Agencies shall fully assist OMB in this evaluation by providing timely information and analysis when requested by OMB.

It imposes a requirement for the inclusion in certain rulemakings of:

a statement regarding the proposed rule's potential to promote private sector job growth or foster private-sector economic development

It also reiterates the need for agencies to:

follow all existing rules and procedures, including those set forth in Executive Order No. 2-89 and Financial Management Circular No. 2010-4.

The attached 8-page document compiled (quickly) by the ILB sets out statutory requirements already in the law designed to lessen the impact of state rules on Indiana businesses. These include:

• IC 4-22-2-28 - Review by of proposed rule small business ombudsman; suggested alternatives; fiscal impact statement by office of management and budget (OMB).

• IC 4-22-2-28.1 - A long, involved section that requires that an agency adopting a rule must assign one staff person to serve as the agency's small business regulatory coordinator with respect to the proposed or adopted rule.

Environmental rulemakings are subject to the above, plus a number of additional requirements, such as:

• IC 13-14-9-4.2 - Not less than fourteen days before the date of preliminary adoption of a proposed rule by a board, the department [IDEM] shall make available to the board the fiscal impact statement prepared by the office of management and budget with respect to the proposed rule.

• IC 13-14-9-4 - Imposes additional requirements where the proposed rule (A) is more stringent than a restriction or requirement imposed under federal law; or (B) applies in a subject area in which federal law does not impose a restriction or requirement.

• IC 13-14-9-5 - For a proposed rule with an estimated economic impact on regulated entities that is greater than $500,000, publish in the Indiana Register a copy of the OMB fiscal analysis required under IC 4-22-2-28.

In addition, under IC 13-14-9.5 every environmental rule automatically expires after 7 years, unless specifically readopted.

Posted by Marcia Oddi on January 15, 2013 02:10 PM
Posted to Indiana Government