This bill amends the Administrative Procedure Act to enhance the requirements for statutory authorization of agency rules, specifically by clarifying that agency guidance documents do not constitute rules unless they follow the proper adoption procedures. It rescinds the governor's authority to authorize rules during emergencies, ensuring that agencies can only adopt rules based on existing statutory authority. Additionally, the bill precludes courts from deferring to agency interpretations of rules, thereby increasing judicial scrutiny of agency actions. The amendments include a requirement for agencies to provide a detailed statement of need and reasonableness for proposed rules, which must now include an explanation of why third-party standards are used when applicable.

The bill also mandates that the official rulemaking record maintained by agencies must include the statutory authority for each rule adopted. Furthermore, it establishes that any electronic or printed publication of a rule must identify its statutory authority. The effective date for these changes is set for the day following final enactment, specifically for rules with notices published before May 1, 2025. Overall, the bill aims to strengthen legislative oversight of agency rulemaking and ensure that rules are grounded in clear statutory authority.

Statutes affected:
Introduction: 14.02, 14.05, 14.131, 14.365, 14.366, 14.37, 14.44, 14.69, 12.21