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NC S693
Bill
Status
4/6/2023
Primary Sponsor
Timothy Moffitt
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AI Summary
Senate Bill 693 Summary
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Expands the definition of "person aggrieved" under the Administrative Procedure Act to include those affected by adoption of temporary or permanent rules, not just administrative decisions.
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Restricts environmental agencies from adopting rules more stringent than federal standards unless required by statute, court order, or specific circumstances like public health threats or federal regulation mandates.
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Establishes a 30-day timeline for agencies to supplement or resubmit statements of need when the Rules Review Commission initially rejects a temporary rule, with failure to respond resulting in automatic rule rejection.
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Implements a 24-month prohibition on proposing substantially similar temporary rules after Commission objection to a permanent rule, unless required by law or supported by changed conditions in state or federal law.
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Requires Rules Review Commission to return permanent rules to agencies after 12 months without approval and allows agencies to seek declaratory judgment in Wake County Superior Court to challenge Commission objections.
Legislative Description
Administrative Procedure Act Amendments
Administrative Code; Administrative Rules; Commissions; Environment; General Assembly; Public; Rules Review Comn.
Last Action
Ref To Com On Rules and Operations of the Senate
4/10/2023