Senate Bill 2500

AN ACT TO CODIFY SECTION 25-43-1.108, MISSISSIPPI CODE OF 1972, TO REQUIRE A REGULATORY REDUCTION PROGRAM FOR THE MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY AS A PILOT AGENCY; TO PROVIDE THAT THE MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY SHALL NOT ADOPT A NEW REGULATORY REQUIREMENT UNLESS IT SIMULTANEOUSLY REMOVES TWO OR MORE OTHER EXISTING REGULATORY REQUIREMENTS; TO REQUIRE THE MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY AND ANY OTHER PILOT AGENCY TO REPORT TO THE PEER COMMITTEE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 25-43-1.108, Mississippi Code of 1972:

25-43-1.108. (1) As used in this act, unless the context clearly indicates otherwise:

(a) "Pilot agency" means the Mississippi Commission on Environmental Quality as the first pilot agency subject to this act.

(b) "Regulation" or "rule" means any statement or instrument of general application, having the force of law, affecting the rights or conduct of any person or business, adopted by an agency in accordance with the authority conferred on it by applicable basic laws. Such regulations and rules include administrative rules issued in accordance with the state Administrative Procedures Act, Section 25, Chapter 43, Mississippi Code of 1972, as well as any policy instrument, such as a guidance document, that includes a regulatory requirement.

(c) "Regulatory requirement" means an action or step that must be taken, or piece of information that must be provided, as stipulated by a statute, regulation, policy or form, in order to access services, carry out business or pursue legislated privileges.

(d) "Guidance document" means an agency statement of general applicability, intended to have an effect on the behavior of regulated parties, that sets forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation. Agency guidance documents include memoranda, manuals, policy statements, interpretations of law or rules, and other material of general applicability.

(2) Every pilot agency shall undertake a review of every regulation, rule and requirement under its jurisdiction and prepare a base inventory, which shall include a numeric count of existing rules and regulations within the purview of the agency.

(a) As part of this review, every pilot agency shall (i) accept written public comments for at least a sixty-day period; (ii) hold at least two (2) public hearings to allow citizens and businesses to comment on regulations that may be ineffective, unnecessary or unduly burdensome; (iii) solicit and incorporate comments and advice from private citizens, stakeholders, regulated entities and other interested parties; and (iv) complete the review within two hundred forty (240) days of the effective date of this section.

(b) Every agency shall designate a Rule Review Officer to oversee the review.

(c) For each existing rule or regulation is under its purview, every agency shall affirm in a report submitted to the Secretary of State, within two hundred seventy (270) days of the effective date of this section:

(i) The number of rules and regulations is under the purview of the agency;

(ii) Whether the regulation is mandated by state or federal law or a court order, or otherwise necessary to maintain delegation of a federal regulatory program or necessary to receive federal funding; and

(iii) Whether the regulation is essential to protect the environment or the health, safety or welfare of Mississippi residents.

(3) Based on the information collected in the report required by subsection (2)(c) of this section, every pilot agency shall amend or rescind state rules and regulations identified in its base inventory of rules and regulations as necessary to reduce the total number of state regulatory requirements under its purview by fifteen percent (15%) pursuant to the requirements of subsection (4) of this section according to the following schedule:

(a) A five percent (5%) reduction not later than December 31, 2022;

(b) An additional five percent (5%) reduction not later than December 31, 2023;

(c) An additional five percent (5%) reduction not later than December 31, 2024, for a total reduction of fifteen percent (15%).

Regulations mandated by federal law or court order or otherwise necessary to maintain delegation of a federal regulatory program or necessary to receive federal funding shall be exempt from the requirements of this subsection (3); however, any regulation adopted pursuant to a suggested, but not mandatory, federal regulation shall be included in the requirements of this subsection (3).

(4) Prior to proposing a new rule for publication in the Mississippi Administrative Bulletin, each pilot agency shall have initiated the repeal of at least two (2) existing rules and provided a statement to the Secretary of State identifying which two (2) rules have been repealed, along with an explanation as to what this repeal will accomplish in terms of streamlining state government. This section shall remain in effect until a fifteen percent (15%) reduction in state regulatory requirements is achieved by the pilot agency, with the exception of any new regulations or regulatory programs mandated by federal or state law.

(5) The Secretary of State shall report annually to the Speaker of the House and the Lieutenant Governor no later than February 1, 2022, February 1, 2023, and February 1, 2024, on the progress of the regulatory reduction pilot program established pursuant to this act.

(6) The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall initiate and conduct a review of the regulatory reduction efforts of the pilot agency and report to the Legislature any findings and recommendations regarding (a) whether the reduction goals are reasonable and achievable and (b) policies, practices, and methods that may be adopted by the pilot agency to successfully achieve the reduction goals.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.