This bill amends the Code of West Virginia to improve the legislative rule-making process by mandating the inclusion of economic impact statements with certain proposed legislative rules. An "economic impact statement" is defined as a comprehensive analysis estimating the potential costs associated with implementing and complying with a proposed rule, taking into account factors such as regulatory costs, business competitiveness, job creation, private-sector investment, and overall economic growth. The bill stipulates that if a proposed rule could have an economic impact exceeding $200,000 in a single year or $1 million over five years, an economic impact statement must be submitted to the Legislative Rule-Making Review Committee. It also revises the submission requirements to include a statement of the economic impact on the state and its residents, replacing the previous general economic impact statement requirement.

Additionally, the bill introduces new provisions regarding the review and amendment of emergency rules by agencies. It specifies that amendments to an emergency rule must be filed in the State Register and clarifies that once an emergency rule expires, the agency cannot refile the same or similar rule as an emergency rule. The bill prohibits agencies from using these provisions to bypass legislative review and approval processes, allowing for judicial contestation of any emergency rule promulgated for such purposes. Furthermore, it empowers the Legislative Rule-Making Review Committee to evaluate emergency rules for compliance with legal standards and justifications, and allows committee members to request economic impact statements from agencies on proposed rules, regardless of the estimated economic impact, thereby enhancing transparency and accountability in the rule-making process.

Statutes affected:
Introduced Version: 29A-1-2, 29A-3-11, 29A-3-15