Virginia SB 372: Regulatory Budget Program; DPB to establish, report.

Bill Text

2022SESSION
INTRODUCED
22101485D
1 SENATEBILLNO.372
2 OfferedJanuary12,2022
3 PrefiledJanuary11,2022
4 A BILL to amend the Code of Virginia by adding a section numbered 2.2-1501.2, relating to the
5 Department of Planning and Budget; Regulatory Budget Program; report.
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Patron––Hackworth
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8 ReferredtoCommitteeonFinanceandAppropriations
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10 Be it enacted by the General Assembly of Virginia:
11 1. That the Code of Virginia is amended by adding a section numbered 2.2-1501.2 as follows:
12 §2.2-1501.2. Additional duties of Department; Regulatory Budget Program; report; guidance.
13 A. As used in this section:
14 "Agency" means any executive branch agency subject to the Administrative Process Act (§ 2.2-4000
15 et seq.).
16 "Regulation" means the same as that term is defined in §2.2-4001.
17 "Regulatory requirement" means any action required to be taken or information required to be
18 provided in accordance with a statute or regulation in order to access government services or operate
19 and conduct business. "Regulatory requirement" does not include (i) regulations and associated
20 regulatory requirements that are necessary to conform to changes in Virginia statutory law or the
21 appropriation act where no agency discretion is involved or to meet requirements of federal law or
22 regulations, (ii) statements or policies concerning the internal management of any agency, (iii) guidance
23 documents, (iv) declaratory rulings, or (v) intra-agency or interagency memoranda. "Regulatory
24 requirement" includes regulations incorporated by reference to other sources, such as industry standards
25 or privately published industry guidelines.
26 "Streamlining" means the reduction of a burden from a regulatory requirement, such as a fee on a
27 training requirement, without eliminating the actual regulation. For the purposes of reduction and
28 maintenance targets set by the Department, streamlining shall count as eliminating a regulatory
29 requirement. Streamlining shall not change the total number of regulations or regulatory requirements
30 reported in annual updates to any agency's baseline regulatory catalogs.
31 B. The Department, under the direction of the Secretary of Finance, shall establish and administer a
32 continuous Regulatory Budget Program (the Program). The Program shall consist of the following
33 elements:
34 1. The Department, under the direction of the Secretary of Finance, shall set, by July 1 of each
35 odd-numbered year, a target for each agency to (i) reduce regulations and regulatory requirements; (ii)
36 maintain, but not exceed, the current number of regulations and regulatory requirements; or (iii) allow
37 regulations and regulatory requirements to increase by a specific amount for the two-year period ending
38 July 1.
39 2. The responsible Secretaries shall ensure that the agencies develop and maintain a baseline
40 regulatory catalog that identifies (i) the total number and type of regulations and regulatory
41 requirements currently promulgated or administered by the agencies and (ii) any specific federal or
42 state mandates or statutory authority that require such regulations and associated regulatory
43 requirements.
44 3. The catalog data shall be updated annually and reported to the Department, in a manner specified
45 by the Department, and published on the Virginia Regulatory Town Hall.
46 4. Any target set by the Department shall be based on the total number of regulations and regulatory
47 requirements as provided by the baseline regulatory catalog. Progress toward the stated target shall be
48 measured by the number of regulations and regulatory requirements that are either increased,
49 eliminated, or streamlined through regulatory or other action.
50 C. When an agency identifies a regulation or regulatory requirement proposed for elimination or
51 modification that requires a change in state law, the responsible Secretary shall report the
52 recommendation to the Speaker of the House of Delegates and the Chairman of the Senate Committee
53 on Rules. The Speaker of the House of Delegates and the Chairman of the Senate Committee on Rules
54 shall assign recommendations to relevant committees that shall assess and may act, in consultation with
55 the agency, upon these recommendations in the regular session of the General Assembly immediately
56 following the year in which the recommendation was made.
57 D. If necessary to meet the target set by the Department, each agency shall also initiate reforms
58 through a rulemaking or nonregulatory action or to the General Assembly through the legislative
INTRODUCED
SB372
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59 recommendation process. If an agency is unable to reach the target set by the Department, it shall
60 provide a separate report to the Secretary of Finance stating the reasons for not meeting the goal. The
61 Secretary of Finance, or his designee, may exempt an agency from the requirements of this sectio