§ 42-35-2.9. Regulatory analysis.
(a) An agency shall prepare a regulatory analysis for a proposed rule. The analysis must
be completed before notice of the proposed rulemaking is published. The summary of
the analysis prepared under subsection (c) must be published with the notice of proposed
rulemaking.
(b) A regulatory analysis must contain:
(1) An analysis of the benefits and costs of a reasonable range of regulatory alternatives
reflecting the scope of discretion provided by the statute authorizing the proposed
rule;
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§ 42-35-2.9. Regulatory analysis.
(a) An agency shall prepare a regulatory analysis for a proposed rule. The analysis must
be completed before notice of the proposed rulemaking is published. The summary of
the analysis prepared under subsection (c) must be published with the notice of proposed
rulemaking.
(b) A regulatory analysis must contain:
(1) An analysis of the benefits and costs of a reasonable range of regulatory alternatives
reflecting the scope of discretion provided by the statute authorizing the proposed
rule;
(2) Demonstration that there is no alternative approach among the alternatives considered
during the rulemaking proceeding which would be as effective and less burdensome to
affected private persons as another regulation. This standard requires that an agency
proposing to write any new regulation must identify any other state regulation that
is overlapped or duplicated by the proposed regulation and justify any overlap or
duplication; and
(3) A determination whether:
(i) The benefits of the proposed rule justify the costs of the proposed rule; and
(ii) The proposed rule will achieve the objectives of the authorizing statute in a more
cost-effective manner, or with greater net benefits, than other regulatory alternatives.
(c) An agency preparing a regulatory analysis under this section shall prepare a concise
summary of the analysis.
(d) If an agency has made a good-faith effort to comply with this section, a rule is not
invalid solely if there are errors or paucity of data in the regulatory analysis for
the proposed rule.
(e) The regulatory analysis for any amendments to the state fire safety code or the state
building code, or the state rehabilitation building and fire code for existing buildings
and structures including those amendments which incorporate and adopt by reference
all or parts of a nationally recognized model code shall be completed within one hundred
fifty (150) days of the recommendation of the passage of such amendments by the state
official, agency, or board responsible for hearing and review of such amendments.
P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3; P.L. 2025, ch. 276, § 3, effective June 27, 2025; P.L. 2025, ch. 333, § 3, effective June 27, 2025; P.L. 2025, ch. 427, art. 1, § 31, effective December 31, 2025.