CHERYL E. BRADLEYRULES AND PLANNING SECTION

AIR QUALITY DIVISION

JANUARY 15, 2014

Impact of Executive Order 2013-34

on Rulemaking Process

Executive Order 2013-34

Governor Fallin issued 9/10/13

Effective 11/1/13

In response to HB2055 (2013) which changed Administrative Procedures Act (APA) in Title 75

Impacts DEQ rulemaking process

HB2055 (2013)

Effective 11/1/13Modified powers of the LegislatureModified definitions – “adopted”, “final rule”,

& “promulgated”Modified expiration date of emergency rules –

changed from July 14 to September 14

HB2055 (continued)

Modified legislative approval and disapproval Deadlines changed from 30 legislative days

Filed On or before April 1 - End of session Filed after April 1 – End of next year’s session

Process change – Governor signs/vetoes joint resolution.

Repealed 75 O.S. § 303.2 which relates to approval or disapproval of rule by Governor

Provided for petition to approve rule by GovernorAuthorized Governor to declare all rules

approved (if not approved by Legislature) and publish by 7/17

Key Aspects of Ex. Order 2013-34

“Every agency shall, simultaneously with filing a Notice of Rulemaking Intent (NRI) with the Office of Administrative Rules, provide one (1) electronic copy of complete text of all Proposed Permanent Rules to the Governor and to the appropriate Cabinet Secretary.”*

*Oklahoma Secretary of Energy and Environment (OSEE)

Key Aspects of Ex. Order 2013-34 (cont.)

“No agency may adopt any Proposed Permanent Rule if, within forty-five (45) days of providing the above-referenced copies to the Governor and the Cabinet Secretary, such agency receives an express written disapproval from the Governor or the Cabinet Secretary.”

Ex. Order 2013-34 (cont.)

“If after forty-five (45) days of providing the above-referenced copies to the Governor and Cabinet Secretary, the agency has not received an express written disapproval, the agency may adopt the Proposed Permanent Rule.”

“Emergency rules shall not be affected by the provisions of this Executive Order.”

Former ProcessFormer Process New ProcessNew Process

Day 30 file NRI *Day 60 Proposal

Published

Days 60 thru 90 Comment Period

*Day 23 to 37 dependent on date of last Council meeting

Day 30 file NRIDay 30 Proposal to

Governor & OSEE*Day 60 Proposal

PublishedDays 60 thru 90

Comment Period*45-day period begins

Comparison of Changes

Process Uncertainties

Additional NRI filed When rule proposal carried over When Board meeting date/location changes

Revisions to proposal to address comments Will update and provide revisions to Governor &

Secretary of Energy and Environment

Impact of 45-day period on Council

Possible Options

“Informal” proposal of rules Publish and accept comments Thereafter, formal proposal and hearing

Schedule 3 Council meetings per year instead of 4