Senate File 1 - Introduced SENATE FILE 1 BY ANDERSON , BEHN , BERTRAND , BREITBACH , BROWN , CHAPMAN , CHELGREN , COSTELLO , DAWSON , DIX , EDLER , FEENSTRA , GARRETT , GREENE , GUTH , C. JOHNSON , KAPUCIAN , KRAAYENBRINK , LOFGREN , ROZENBOOM , SCHNEIDER , SCHULTZ , SEGEBART , SHIPLEY , SINCLAIR , SMITH , WHITVER , ZAUN , and ZUMBACH A BILL FOR An Act requiring jobs impact statements for administrative 1 rules. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1757XS (5) 87 je/rj
S.F. 1 Section 1. NEW SECTION . 17A.4B Job impact statement. 1 1. a. “Benefit” means the reasonably identifiable and 2 quantifiable positive effect or outcome that is expected to 3 result from implementation of a rule. 4 b. “Cost” means reasonably identifiable, significant, direct 5 or indirect, economic impact that is expected to result from 6 implementation of and compliance with a rule. 7 c. “Cost-benefit analysis” means regulatory analysis 8 to provide the public with transparency regarding the 9 cost-effectiveness of a rule, including the economic costs 10 and benefits and the effectiveness weighed by the agency 11 in adopting the rule. “Cost-benefit analysis” includes a 12 comparison of the probable costs and benefits of a rule to the 13 probable costs and benefits of less intrusive or less expensive 14 methods that exist for achieving the purpose of the rule. 15 d. “Jobs” means private sector employment including 16 self-employment and areas for potential for employment growth. 17 e. “Jobs impact statement” means a statement that does all 18 of the following: 19 (1) Identifies the purpose of a rule and the applicable 20 section of the statute that provides specific legal authority 21 for the agency to adopt the rule. 22 (2) Identifies and describes the cost that the agency 23 anticipates state agencies, local governments, the public, and 24 the regulated entities, including regulated businesses and 25 self-employed individuals, will incur due to implementing and 26 complying with a rule. 27 (3) Determines whether a rule would have a positive 28 or negative impact on private sector jobs and employment 29 opportunities in Iowa. 30 (4) Describes and quantifies the nature of the impact a rule 31 will have on private sector jobs and employment opportunities 32 including the categories of jobs and employment opportunities 33 that are affected by the rule, and the number of jobs or 34 potential job opportunities and the regions of the state 35 -1- LSB 1757XS (5) 87 je/rj 1/ 3
S.F. 1 affected by the rule. 1 (5) Identifies, where possible, the additional costs to 2 employers per employee due to implementing and complying with 3 a rule. 4 (6) Includes other relevant analysis requested by the 5 administrative rules coordinator. 6 2. Prior to implementation of a rule, an agency shall 7 take steps to minimize the adverse impact on jobs and 8 the development of new employment opportunities due to 9 implementation of the rule. 10 3. An agency shall provide a jobs impact statement to the 11 administrative rules coordinator prior to publication of a 12 notice of intended action or the publication of a rule filed 13 without notice pursuant to section 17A.4, subsection 3. 14 4. The jobs impact statement shall be published as part 15 of the preamble to the notice of rulemaking in the Iowa 16 administrative bulletin, unless the administrative rules 17 coordinator determines that publication of the entire jobs 18 impact statement would be unnecessary or impractical. 19 5. An agency shall accept comments and information 20 from stakeholders prior to final preparation of the jobs 21 impact statement. Any concerned private sector employer or 22 self-employed individual, potential employer, potential small 23 business, or member of the public may submit information 24 relating to a jobs impact statement prior to publication of 25 a notice of intended action or publication of a rule filed 26 without notice pursuant to section 17A.4, subsection 3. An 27 agency may request that such information be submitted to the 28 agency. 29 6. If a jobs impact statement is revised after a notice 30 of intended action or a rule filed without notice pursuant to 31 section 17A.4, subsection 3, is published, the revised jobs 32 impact statement shall be published as part of the preamble 33 to the adopted version of the rule, unless the administrative 34 rules coordinator determines that publication of the entire 35 -2- LSB 1757XS (5) 87 je/rj 2/ 3
S.F. 1 jobs impact statement would be unnecessary or impractical. 1 7. The analysis in the jobs impact statement shall give 2 particular weight to jobs in production sectors of the economy 3 which includes the manufacturing and agricultural sectors of 4 the economy and shall include analysis, where applicable, of 5 the impact of the rule on expansion of existing businesses or 6 facilities. 7 8. The administrative rules coordinator may waive the jobs 8 impact statement requirement for rules proposed under section 9 17A.4, subsection 3, or section 17A.5, subsection 2, paragraph 10 “b” , or if unnecessary or impractical. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill requires that every proposed rule under a notice 15 of intended action or publication without notice contain a 16 jobs impact statement which outlines the purpose and statutory 17 authority of the rule and analyzes and sets out in detail 18 the impact of the proposed rule on state agencies, local 19 governments, the public, and the regulated entities, including 20 regulated businesses and self-employed individuals affected by 21 the rule. The statement must also determine whether a proposed 22 rule would have a positive or negative impact on private sector 23 jobs and employment opportunities. 24 As part of this requirement, an agency is required to 25 takes steps to minimize the adverse impact on jobs and the 26 development of new employment opportunities before proposing 27 a rule. An agency is also required to accept comments and 28 information from stakeholders prior to final preparation of a 29 jobs impact statement. 30 The administrative rules coordinator may waive the jobs 31 impact statement requirement for rules filed using emergency 32 rulemaking procedures or if unnecessary or impractical. 33 -3- LSB 1757XS (5) 87 je/rj 3/ 3