HB1078: HB1078 Georgia Administrative Procedure Act; periodic review and automatic sunset of agency rules; provide

26 LC 59 0265 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 Co de of Georgia Annotated,1 relating to general provisions relative to the "Georgia Administrative Procedure Act," so as2 to provide for periodic review and automatic sunset of agency rules; to provide for notice to3 agencies subject to review; to require that agencies review and report upon rules and4 regulatory requirements in preparation for review; to provide f or forms and reporting5 procedures; to provide for public hearings; to provide for rela ted matters; to repeal6 conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article 1 of Chapter 13 of Title 50 of the Official Code of Geo rgia Annotated, relating to10 general provisions relative to the "Georgia Administrative Procedure Act," is amended by11 adding a new Code section to read as follows:12 "50-13-24.13 (a) As used in this Code section, the term 'regulatory requirements' means mandates within14 agency rules including the following words and phrases: 'shall,' 'must,' 'may not,' 'required,'15 and 'prohibited.'16 H. B. 1078 - 1 - 26 LC 59 0265 (b) Not later than July 1, 2026, the Office of Planning and Budget or other designee of the17 Governor shall establish and publish a schedule for the review of the rules of all agencies,18 subject to the provisions of this chapter, on a four-year cycle, with the first of such reviews19 occurring in the 2027 calendar year.20 (c) The Office of Planning and Budget or other designee of the Governor shall notify in21 December of the immediately preceding year each agency whose ru les are subject to22 review in a given calendar year of the upcoming review period. All rules of an agency that23 are scheduled for review under this Code section shall stand au tomatically repealed on24 December 31 of the review year unless the rules are continued or repromulgated pursuant25 to this Code section. An agency that has been through a review under this Code section26 previously and, in the intervening years since such last review, has decreased the number27 of its rules, regulatory requirements, and total number of words by 10 percent or more shall28 have their following scheduled review postponed by two calendar years.29 (d) In the year of review, each agency or agency designee shall undertake an analysis of30 each of its rules and shall create a written report of the resu lts of such analysis. Such31 analysis:32 (1) Shall include:33 (A) The total number of rules of the agency;34 (B) The total number of regulatory requirements within such rules;35 (C) The total number of words of guidance;36 (D) The aggregate compliance cost of such rules to the private sector; and37 (E) The statute or statutes authorizing the creation of such r ules, regulatory38 requirements, and words of guidance; and39 (2) Shall consider:40 (A) Whether the benefits sought to be achieved by the rule are being realized and are41 in compliance with current law;42 H. B. 1078 - 2 - 26 LC 59 0265 (B) Whether such benefits justify the costs of implementing and complying with the43 provisions of the rule; and44 (C) Whether there are less restrictive and less costly alterna tives to accomplish the45 desired benefits or results.46 (e) The Office of Planning and Budget or other designee of the Governor shall develop and47 provide to each agency a standardized process and forms for such analysis and shall make48 such process and forms available on the Office of Planning and Budget's website not later49 than October 1, 2027. Such analysis shall be completed not later than September 1 of the50 year of review. Such analysis shall be published, clearly identifiable, and accessible via51 a link on the agency's website. Upon its completion, such analysis shall be submitted for52 review to the Office of Planning and Budget or other designee of the Governor.53 (f) As a part of the rules analysis process, each agency shall solicit public input on the54 impact, cost, and effectiveness of its rules. The public shall be notified of the opportunity55 to provide such input in a manner designed to obtain the widest possible public notification56 of interested parties, as well as by mailing such notice to all persons who have requested57 in writing that they be placed upon the mailing list maintained by the agency for advance58 notice of its rule-making proceedings. The notice shall includ e a date by which public59 input shall be submitted for consideration which shall be not less than 30 days after the date60 the notice is published. Such notice shall be published not later than March 1 of the review61 year. In addition, the agency shall conduct at least two public hearings to receive public62 comment on its rules. Such public hearings shall be held in a manner designed to63 maximize public input and shall be completed not later than July 1 of the review year.64 (g) Agencies that desire to continue their rules in effect shall not simply repromulgate the65 rules and regulations without critical review of the necessity, effectiveness, and cost of66 such rules; without considering possible less onerous, less cos tly, and more effective67 alternatives to such rules; and without determining whether such rules or regulations are68 actually necessary.69 H. B. 1078 - 3 - 26 LC 59 0265 (h) Any continuation or repromulgation of a rule shall reduce or maintain the current70 regulatory burden and costs of such rule and shall not increase such burden or costs."71 SECTION 2.72 All laws and parts of laws in conflict with this Act are repealed.73 H. B. 1078 - 4 -