HOUSE 3rd Reading Unamended March 9, 2012 HOUSE 2nd Reading Unamended March 5, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0579.01 Kate Meyer x4348 HOUSE BILL 12-1175 HOUSE SPONSORSHIP Stephens, SENATE SPONSORSHIP Cadman, House Committees Senate Committees Economic and Business Development A BILL FOR AN ACT Concerning the encouragement of a state agency to pursue Colorado-specific solutions in lieu of federal regulation whenever possible, and, in connection therewith, requiring a state agency to report annually regarding opportunities for waiver from newly adopted federal regulations. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) For newly adopted federal laws, rules, and regulations (regulations) that expressly or implicitly allow a state to opt out of the regulations, the bill encourages a Colorado state agency (agency) that is potentially impacted by, subject to, or charged with administering the rule to seek such waiver. An agency is required to report annually to the general assembly regarding the agency's opportunities for and attempts at obtaining such waivers. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add article 78.1 to title 24 as follows: ARTICLE 78.1 Waiver from Federal Regulation 24-78.1-101. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that: (a) Colorado is a unique state, characterized by its proud history, spectacular and lucrative natural resources, and strong people; (b) Federal governmental regulations necessarily employ a one-size-fits-all approach that do not, and cannot, account for any state's idiosyncracies; (c) Federal regulations often give a state an opportunity to craft its own regulations in lieu of those federal regulations; (d) Rather than engage in reflexive submission to federal regulation, Colorado state agencies should strive to implement Colorado-specific solutions in lieu of federal regulations whenever possible; and (e) Colorado-specific solutions in lieu of federal regulations will produce greater governmental accountability, responsiveness, and efficiency and promote thoughtful consideration regarding the most practical, effective, and economical way to provide for Colorado and its citizens. 24-78.1-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Agency" has the same meaning as set forth in section 24-4-102 (3). (2) "Federal regulation" means any federal law, rule, or regulation. (3) "Waiver" means express and implied waiver, including provisions that allow a state to implement regulations that are at least as protective or stringent as the predicate federal regulation. 24-78.1-103. Waiver from federal regulations encouraged - report. (1) (a) An agency that is actually or potentially affected by, subject to, or charged with implementing a federal regulation is encouraged to seek waiver from the federal regulation and instead promulgate its own rules whenever: (I) Waiver is permitted under federal law; and (II) It would not be administratively impractical or economically unsound to so waive. (b) Nothing in paragraph (a) of this subsection (1) permits or empowers an agency to operate outside the scope of its authority. (2) (a) An agency shall annually report to the general assembly regarding: (I) Federal regulations directly affecting the agency that were promulgated in the prior twelve months and from which a state could waive; and (II) Whether the agency applied for or otherwise sought waiver from the regulations described under subparagraph (I) of this paragraph (a), the agency's reasoning for seeking waiver or not, and the results of any efforts to obtain waiver. (b) Notwithstanding section 24-1-136 (11) (a) (I), the report required under this subsection (2) shall be submitted by December 15, 2012, and by December 15 of each year thereafter, to the standing committees of reference in each house of the general assembly with oversight responsibilities over the agency's affairs. The report may be submitted electronically. SECTION 2. Applicability. The provisions of this act apply to federal regulations promulgated on or after the applicable effective date of this act. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.