The proposed bill aims to establish a comprehensive regulatory sunset and zero-based review system in West Virginia, encapsulated in a new article titled the "West Virginia Regulatory Sunset and Zero-Based Review Act." It mandates the automatic expiration of all administrative rules unless they are renewed through a rigorous process that requires agencies to justify the necessity of each rule. The bill outlines specific criteria for renewal, including the need for rules to be authorized by statute, necessary for public welfare, and not duplicative of existing regulations. Additionally, it introduces a regulatory burden budgeting framework, which requires agencies to offset any new regulatory burdens by reducing existing ones.

To facilitate this system, the bill creates the West Virginia Regulatory Review and Sunset Commission, composed of twelve members appointed by state leaders, which will oversee the review process, conduct audits, and publish annual reports on regulatory burdens. The legislation also emphasizes citizen enforcement rights, allowing individuals to seek legal remedies against rules that violate the new provisions. Furthermore, it eliminates judicial deference to agency determinations, ensuring that courts do not favor agency interpretations of the law. Overall, the bill seeks to enhance accountability and reduce unnecessary regulatory burdens on citizens and businesses in West Virginia.

Statutes affected:
Introduced Version: 29A-10-1, 29A-10-2, 29A-10-3, 29A-10-4, 29A-10-5, 29A-10-6, 29A-10-7, 29A-10-8, 29A-10-9