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Impact of Executive Order 2013-34 on Rulemaking Process

Impact of Executive Order 2013-34 on Rulemaking Process. Cheryl E. bRadley Rules and Planning Section Air Quality Division January 15, 2014. Executive Order 2013-34. Governor Fallin issued 9/10/13 Effective 11/1/13

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Impact of Executive Order 2013-34 on Rulemaking Process

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  1. Impact of Executive Order 2013-34on Rulemaking Process Cheryl E. bRadley Rules and Planning Section Air Quality Division January 15, 2014

  2. Executive Order 2013-34 • Governor Fallin issued 9/10/13 • Effective 11/1/13 • In response to HB2055 (2013) which changed Administrative Procedures Act (APA) in Title 75 • Impacts DEQ rulemaking process

  3. HB2055 (2013) • Effective 11/1/13 • Modified powers of the Legislature • Modified definitions – “adopted”, “final rule”, & “promulgated” • Modified expiration date of emergency rules – changed from July 14 to September 14

  4. HB2055 (continued) • Modified legislative approval and disapproval • Deadlines changed from 30 legislative days • Filed On or before April 1 - End of session • Filed after April 1 – End of next year’s session • Process change – Governor signs/vetoes joint resolution. • Repealed 75 O.S. § 303.2 which relates to approval or disapproval of rule by Governor • Provided for petition to approve rule by Governor • Authorized Governor to declare all rules approved (if not approved by Legislature) and publish by 7/17

  5. Key Aspects of Ex. Order 2013-34 • “Every agency shall, simultaneously with filing a Notice of Rulemaking Intent (NRI) with the Office of Administrative Rules, provide one (1) electronic copy of complete text of all Proposed Permanent Rules to the Governor and to the appropriate Cabinet Secretary.”* *Oklahoma Secretary of Energy and Environment (OSEE)

  6. Key Aspects of Ex. Order 2013-34 (cont.) • “No agency may adopt any Proposed Permanent Rule if, within forty-five (45) days of providing the above-referenced copies to the Governor and the Cabinet Secretary, such agency receives an express written disapproval from the Governor or the Cabinet Secretary.”

  7. Ex. Order 2013-34 (cont.) • “If after forty-five (45) days of providing the above-referenced copies to the Governor and Cabinet Secretary, the agency has not received an express written disapproval, the agency may adopt the Proposed Permanent Rule.” • “Emergency rules shall not be affected by the provisions of this Executive Order.”

  8. Comparison of Changes Former Process New Process • Day 30 file NRI * • Day 60 Proposal Published • Days 60 thru 90 Comment Period *Day 23 to 37 dependent on date of last Council meeting • Day 30 file NRI • Day 30 Proposal to Governor & OSEE* • Day 60 Proposal Published • Days 60 thru 90 Comment Period *45-day period begins

  9. Process Uncertainties • Additional NRI filed • When rule proposal carried over • When Board meeting date/location changes • Revisions to proposal to address comments • Will update and provide revisions to Governor & Secretary of Energy and Environment • Impact of 45-day period on Council

  10. Possible Options • “Informal” proposal of rules • Publish and accept comments • Thereafter, formal proposal and hearing • Schedule 3 Council meetings per year instead of 4

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