Section 27 Regulatory Modernization 5

Section 3 of said chapter 30A, as so appearing, is hereby amended by striking out the second through sixth paragraphs, inclusive, and inserting in place thereof the following 5 paragraphs:-

The agency shall, within the time specified by law, or, if no time is specified, then at least 14 days prior to its proposed action: (a) publish notice of its proposed action in such manner as is specified by any law, or, if no manner is specified, then on the website of the agency or executive office and in newspapers, and, where appropriate, in such trade, industry or professional publications as the agency may select; (b) notify any person to whom specific notice must be given, such notice to be given by delivering or mailing a copy of the notice to the last known address of the person required to be notified; (c) notify any person or group filing written request for notice of agency rule making proceedings, such request to be renewed annually in December, such notice to be given by delivering or mailing a copy of the notice to the last known address of the person or groups required to be notified; and (d) file a copy of such notice with the state secretary.

The notice shall refer to the statutory authority under which the action is proposed; give the time and place of any public hearing or state the anticipated time of agency action; state the manner in which data, views, or arguments may be submitted to the agency by any interested person; either state the express terms or describe the substance of the proposed action; where an existing regulation is being amended, provide a copy of the amended regulation which makes clear the changes being proposed and include any additional matter required by any law.

A small business impact statement shall be filed with the state secretary on the same day the notice is filed and shall accompany the notice.

That small business impact statement shall include, but not be limited to, the following:

(1) an estimate of the number of small businesses subject to the proposed regulation;

(2) projected reporting, recordkeeping and other administrative costs required for compliance with the proposed regulation;

(3) the appropriateness of performance standards versus design standards;

(4) an identification of regulations of the promulgating agency, or of another agency or department of the commonwealth, which may duplicate or conflict with the proposed regulation;

(5) an analysis of whether the proposed regulation is likely to deter or encourage the formation of new businesses in the commonwealth;

(6) an analysis of whether the proposed regulation is likely to require small businesses to hire additional employees in order to comply; and

(7) audits, inspections or other regulatory enforcement activities with which the small business will have to comply.

The agency shall afford interested persons an opportunity to present data, views or arguments in regard to the proposed action orally or in writing. If the agency finds that oral presentation is unnecessary or impracticable, it may require that presentation be made in writing. The agency shall make available on its website all written comments received by the agency regarding the proposed regulation, or a summary thereof.

This section authorizes electronic publication of a notice of public hearing and requires the publication of a redline where a regulation is being amended. This section also requires additional information to be included in the small business impact statement and requires the electronic publication of comments received.