Provisions in the state budget addressing regulatory reform have drawn attention to two necessary changes to existing law:
- State agencies should not be allowed to issue regulations that exceed federal requirements.That does not mean that North Carolina would not be able to exceed federal requirements.The question is whether unelected and unaccountable state bureaucrats or political appointees should be the ones deciding whether the state should exceed federal standards, rather than leaving such decisions to elected lawmakers.
As a matter of good government, on issues of such magnitude that can kill jobs and make the state less competitive with its neighbors, the legislature, which is the lawmaking body of the state, should decide whether North Carolina should impose these costs on its citizens.
- Cost-benefit analysis should be required for all agencies.The federal government has required a form of cost-benefit analysis of regulations for nearly 40 years.Governor Bev Perdue, in her 2010 executive order on regulatory reform, required cost-benefit analysis for agencies under her oversight.
The legislature should codify in statutes detailed cost-benefit analysis for all agencies.