House Bill 1078
By: Representatives Hilton of the 48th, Tarvin of the 2nd, Horner of the 3rd, Barrett of the 24th,
Powell of the 33rd, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated,
relating to general provisions relative to the "Georgia Administrative Procedure Act," so as
to provide for periodic review and automatic sunset of agency rules; to provide for notice to
agencies subject to review; to require that agencies review and report upon rules and
regulatory requirements in preparation for review; to provide for forms and reporting
procedures; to provide for public hearings; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to
general provisions relative to the "Georgia Administrative Procedure Act," is amended by
adding a new Code section to read as follows:
<ins>"50-13-24.
(a) As used in this Code section, the term 'regulatory requirements' means mandates within
agency rules including the following words and phrases: 'shall,' 'must,' 'may not,' 'required,'
and 'prohibited.'
</ins>
<ins>(b) Not later than July 1, 2026, the Office of Planning and Budget or other designee of the
Governor shall establish and publish a schedule for the review of the rules of all agencies,
subject to the provisions of this chapter, on a four-year cycle, with the first of such reviews
occurring in the 2027 calendar year.
(c) The Office of Planning and Budget or other designee of the Governor shall notify in
December of the immediately preceding year each agency whose rules are subject to
review in a given calendar year of the upcoming review period. All rules of an agency that
are scheduled for review under this Code section shall stand automatically repealed on
December 31 of the review year unless the rules are continued or repromulgated pursuant
to this Code section. An agency that has been through a review under this Code section
previously and, in the intervening years since such last review, has decreased the number
of its rules, regulatory requirements, and total number of words by 10 percent or more shall
have their following scheduled review postponed by two calendar years.
(d) In the year of review, each agency or agency designee shall undertake an analysis of
each of its rules and shall create a written report of the results of such analysis. Such
analysis:
(1) Shall include:
(A) The total number of rules of the agency;
(B) The total number of regulatory requirements within such rules;
(C) The total number of words of guidance;
(D) The aggregate compliance cost of such rules to the private sector; and
(E) The statute or statutes authorizing the creation of such rules, regulatory
requirements, and words of guidance; and
(2) Shall consider:
(A) Whether the benefits sought to be achieved by the rule are being realized and are
in compliance with current law;
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<ins>(B) Whether such benefits justify the costs of implementing and complying with the
provisions of the rule; and
(C) Whether there are less restrictive and less costly alternatives to accomplish the
desired benefits or results.
(e) The Office of Planning and Budget or other designee of the Governor shall develop and
provide to each agency a standardized process and forms for such analysis and shall make
such process and forms available on the Office of Planning and Budget's website not later
than October 1, 2027. Such analysis shall be completed not later than September 1 of the
year of review. Such analysis shall be published, clearly identifiable, and accessible via
a link on the agency's website. Upon its completion, such analysis shall be submitted for
review to the Office of Planning and Budget or other designee of the Governor.
(f) As a part of the rules analysis process, each agency shall solicit public input on the
impact, cost, and effectiveness of its rules. The public shall be notified of the opportunity
to provide such input in a manner designed to obtain the widest possible public notification
of interested parties, as well as by mailing such notice to all persons who have requested
in writing that they be placed upon the mailing list maintained by the agency for advance
notice of its rule-making proceedings. The notice shall include a date by which public
input shall be submitted for consideration which shall be not less than 30 days after the date
the notice is published. Such notice shall be published not later than March 1 of the review
year. In addition, the agency shall conduct at least two public hearings to receive public
comment on its rules. Such public hearings shall be held in a manner designed to
maximize public input and shall be completed not later than July 1 of the review year.
(g) Agencies that desire to continue their rules in effect shall not simply repromulgate the
rules and regulations without critical review of the necessity, effectiveness, and cost of
such rules; without considering possible less onerous, less costly, and more effective
alternatives to such rules; and without determining whether such rules or regulations are
actually necessary.
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<ins>(h) Any continuation or repromulgation of a rule shall reduce or maintain the current
regulatory burden and costs of such rule and shall not increase such burden or costs."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.