Senate Agriculture Committee considers SB 866, APA rules: increasing costs prohibition. This very short bill mandates that a state agency cannot adopt a rule if it results in additional costs. The only exceptions are if increased costs are necessary to respond to a serious threat to public health, mandated by an act of Congress or the NC General Assembly, a change in federal or state budgetary policy, a federal regulation or a court order.

There was overwhelming support for the bill with bill sponsor Sen. David Hoyle (D-Gaston) saying the state can’t continue to burden business in North Carolina. Freshman Sen. David Rouzer (R-Johnston said it was the best piece of legislation he’d seen since he got here. Sen. David Weinstein (D-Robeson) expressed his support as well. The only question was raised by Sen. Joe Sam Queen (D-Haywood) who suggested the provision have a sunset (not really sure why except as a delaying/effort to weaken the bill – shouldn’t cost v. benefit ALWAYS be part of the rule making??). And of course the Sierra Club spoke in opposition to the bill.

The bill passed overwhelmingly and now will go to the Senate floor for a vote.

Finallly, the questions of the burden of government regulation and considering the cost of government rules are becoming part of the policy landscape in North Carolina.