.................... moves to amend H.F. No. 2169, the second engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2010, section 14.05, subdivision 1, is amended to read:
Subdivision 1. Authority to adopt original rules restricted. (a)
shall adopt, amend, suspend, or repeal its rules: (1)
in accordance with the procedures
specified in sections
, and; (2)
only pursuant to authority delegated by law;
1.7(3) only that are necessary to serve the public interest;
in full compliance with
its duties and obligations.
If a law authorizing rules is repealed, the rules adopted pursuant to that law are
automatically repealed on the effective date of the law's repeal unless there is another
law authorizing the rules.
Except as provided in section
shall not be
authority for an agency to adopt, amend, suspend, or repeal rules.
Sec. 2. Minnesota Statutes 2010, section 14.116, is amended to read:
1.1514.116 NOTICE TO LEGISLATURE.
1.16(a) By January 15 each year, each agency must submit its rulemaking docket
1.17maintained under section 14.366, and the official rulemaking record required under section
1.1814.365 for any rule adopted during the preceding calendar year, to the chairs and ranking
1.19minority members of the legislative policy and budget committees with jurisdiction over
1.20the subject matter of the proposed rule.
When an agency mails notice of intent to adopt rules under section
, the agency must send a copy of the same notice and a copy of the statement of need
and reasonableness to the chairs and ranking minority party members of the legislative
policy and budget committees with jurisdiction over the subject matter of the proposed
rules and to the Legislative Coordinating Commission
In addition, if the mailing of the notice is within two years of the effective date
of the law granting the agency authority to adopt the proposed rules, the agency shall
make reasonable efforts to send a copy of the notice and the statement to all sitting
legislators who were chief house of representatives and senate authors of the bill granting
the rulemaking authority. If the bill was amended to include this rulemaking authority,
the agency shall make reasonable efforts to send the notice and the statement to the chief
house of representatives and senate authors of the amendment granting rulemaking
authority, rather than to the chief authors of the bill.
Sec. 3. Minnesota Statutes 2010, section 14.131, is amended to read:
2.1014.131 STATEMENT OF NEED AND REASONABLENESS.
By the date of the section
14.14, subdivision 1a
, notice, the agency must
prepare, review, and make available for public review a statement of the need for and
reasonableness of the rule. The statement of need and reasonableness must be prepared
under rules adopted by the chief administrative law judge and must include the following
to the extent the agency, through reasonable effort, can ascertain this information:
(1) a description of the classes of persons who probably will be affected by the
proposed rule, including classes that will bear the costs of the proposed rule and classes
that will benefit from the proposed rule;
(2) the probable costs to the agency and to any other agency of the implementation
and enforcement of the proposed rule and any anticipated effect on state revenues;
(3) a determination of whether there are less costly methods or less intrusive
methods for achieving the purpose of the proposed rule;
(4) a description of any alternative methods for achieving the purpose of the
proposed rule that were seriously considered by the agency and the reasons why they
were rejected in favor of the proposed rule;
(5) the probable costs of complying with the proposed rule, including the portion
of the total costs that will be borne by identifiable categories of affected parties, such as
separate classes of governmental units, businesses, or individuals;
(6) the probable costs or consequences of not adopting the proposed rule, including
those costs or consequences borne by identifiable categories of affected parties, such as
separate classes of government units, businesses, or individuals;
(7) an assessment of any differences between the proposed rule and existing federal
regulations and a specific analysis of the need for and reasonableness of each difference
3.1(8) an assessment of the cumulative effect of the rule with other federal and state
3.2regulations related to the specific purpose of the rule.
The statement must describe how the agency, in developing the rules, considered
and implemented the legislative policy supporting performance-based regulatory systems
set forth in section
3.6For purposes of clause (8), "cumulative effect" means the impact that results from
3.7incremental impact of the proposed rule in addition to other rules, regardless of what
3.8state or federal agency has adopted the other rules. Cumulative effects can result from
3.9individually minor but collectively significant rules adopted over a period of time.
The statement must also describe the agency's efforts to provide additional
notification under section
14.14, subdivision 1a
, to persons or classes of persons who may
be affected by the proposed rule or must explain why these efforts were not made.
The agency must consult with the commissioner of management and budget to
help evaluate the fiscal impact and fiscal benefits of the proposed rule on units of local
government. The agency must send a copy of the statement of need and reasonableness
to the Legislative Reference Library when the notice of hearing is mailed under section
3.1714.14, subdivision 1a
Sec. 4. REPORTS.
3.19By January 15, 2013, the Pollution Control Agency, Department of Natural
3.20Resources, Board of Water and Soil Resources, Environmental Quality Board, and
3.21Department of Agriculture must each report to the governor, the Legislative Coordinating
3.22Commission, and the policy and funding committees and divisions with jurisdiction over
3.23the agency. Each report must update information that was reported as required by Laws
3.242000, chapter 469, section 4, subdivision 1. The reports from the Board of Water and Soil
3.25Resources and the Environmental Quality Board must include the information required by
3.26Laws 2000, chapter 469, section 4, subdivision 1.
Amend the title accordingly