Representative Kraft-Tharp and Van Winkle introduced House Bill 18-1237. Under current law, the Administrative Procedure Act (APA) allows anyone to request that any agency proposing a new rule or revising an existing rule conduct a cost-benefit analysis of the rule. This request must be made within five days after the notice of proposed rulemaking is published. When a request is received by the Office of Policy, Research, and Regulatory Reform within the Department of Regulatory Agencies (DORA), the office contacts the agency that proposed the new or amended rule to determine whether an analysis is needed. Analyses must be completed 10 days before the rulemaking hearing. The cost-benefit analysis must: include the reason for the new or amended rule; identify the anticipated economic costs and benefits of the rule; identify any adverse effects on consumers, small businesses, or the economy; and provide two alternatives to the proposed new or amended rule.
This bill continues the cost-benefit analysis process under the APA indefinitely. It also requires each state agency with rulemaking authority to post certain information on its website.