SB 570: Requiring economic impact statements for certain legislative rules - West Virginia

Committee Substitute for the Committee Substitute → sb570 sfa rucker _1 3-25 adopted.htm · 3 edits

MINOR

The document shows a procedural amendment to Senate Bill 570, where Senator Rucker moved to change several 'or' to 'and' in the economic impact analysis section and modify the compliance language. These are primarily technical editing changes rather than substantive policy changes, as they alter how requirements are logically connected without changing the actual requirements themselves.

TECHNICAL

Changed logical connectors from 'or' to 'and' in three instances within the economic impact analysis requirements, affecting how criteria are evaluated together rather than separately.

Revised compliance language to change from checking if requirements were followed to checking if requirements were failed, representing a minor wording adjustment.

Added metadata headers including bill identifier, amendment date, and amendment details from the legislative record.

Committee Substitute → Committee Substitute for the Committee Substitute · 6 edits

MODERATE

This bill revision removes the requirement for agencies to include economic impact statements for rules with impacts over $200,000 annually or $1,000,000 over five years, replacing it with a mandate to always include a detailed economic impact statement. The revision also shifts the bill's focus from amending multiple code sections to primarily amending §29A-3-11, and changes the reporting committee from Economic Development to Government Organization.

Scope change

The bill's scope narrowed from amending multiple sections (§29A-1-2, §29A-3-11, §29A-3-15) to primarily amending §29A-3-11, and the reporting committee changed from the Committee on Economic Development to the Committee on Government Organization.

REQUIREMENT

Economic impact statement requirements changed from being conditional (only for rules with impacts over $200,000 annually or $1,000,000 over five years) to being mandatory for all proposed legislative rules.

New requirement added for agencies to calculate compliance costs by multiplying aggregate manhours by $60 per hour, adjusted for inflation.

Removed §29A-3-15 which contained provisions for emergency legislative rules, including procedures for promulgation, expiration, and review.

DEFINITION

Removed Article 1 containing definitions for terms like 'Agency', 'Contested case', 'Economic impact statement', 'Interpretive rule', 'Legislative exempt rule', 'Legislative rule', 'Order', 'Person', 'Procedural rule', 'Proposed rule', 'Rule', and 'Rulemaking'.

TIMELINE

Committee reporting date changed from March 17, 2025 to March 25, 2025, and the reporting committee changed from Committee on Economic Development to Committee on Government Organization.

TECHNICAL

Bill title shortened from amending three sections to primarily amending §29A-3-11, and the bill was reclassified from Committee Substitute to Engrossed Version.

Engrossed Committee Substitute for the Committee Substitute → Committee Substitute · 4 edits

MODERATE

The bill was revised to add new definitions for 'economic impact statement' and 'interpretive rule,' establish thresholds requiring economic impact analysis for rules with impacts over $200,000 annually or $1,000,000 over five years, and introduce sunset provisions that expire certain requirements three years after the 2025 effective date. The revision also clarifies the Legislative Rule-Making Review Committee's authority to request economic impact statements for emergency rules.

Scope change

The bill's scope expanded to include new definitions and economic impact thresholds, while some provisions were made temporary with sunset clauses.

DEFINITION

Added definitions for 'economic impact statement' and 'interpretive rule' to clarify what constitutes each type of rule and the required analysis for economic impacts.

REQUIREMENT

Established thresholds requiring economic impact statements for rules with potential impacts exceeding $200,000 in one year or $1,000,000 over five years.

TIMELINE

Added sunset provisions that expire certain requirements three years after the 2025 effective date, making some new requirements temporary.

ENFORCEMENT

Authorized the Legislative Rule-Making Review Committee to request economic impact statements from agencies for emergency rules regardless of estimated impact.

Introduced Version → Engrossed Committee Substitute for the Committee Substitute · 5 edits · Mar 27, 2025

MODERATE

The bill was amended to expand its scope from requiring economic impact statements to mandating that the Legislative Rule-Making Review Committee review all proposed legislative rules for statutory compliance and economic impact. The revision adds detailed requirements for rule submissions, including specific economic factors to consider and a new mandate for the committee to identify submission deficiencies.

Scope change

Expanded from requiring agencies to submit economic impact statements to requiring the Legislative Rule-Making Review Committee to actively review all proposed rules for statutory authority, compliance, and economic impact before legislative authorization.

REQUIREMENT

Changed the bill's focus from merely requiring agencies to include economic impact statements to requiring the Legislative Rule-Making Review Committee to actively review and evaluate all proposed legislative rules.

Added specific requirements for rule submissions including detailed descriptions of rule purpose, fiscal notes with fund information, and comprehensive public comment responses.

Added a new requirement for the committee to determine whether proposed rules comply with statutory authority and legislative intent.

Added a specific calculation method for compliance costs, requiring agencies to estimate manhours and multiply by $60 per hour adjusted for inflation.

DEFINITION

Removed detailed definitions for multiple rule types (interpretive, legislative, procedural, proposed) that were in the original version but not carried forward in the committee substitute.

Requiring economic impact statements for certain legislative rules

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