Wisconsin agencies would count costs when reviewing proposed rules

Agencies would include expected costs and savings in their analysis of a proposed rule, even when they stem from other laws or requirements. The analysis would cover businesses, local governments, and individuals who may be affected by the proposed rule. The analysis would list costs and savings by affected type of business, local government, and individual, and show a combined net figure. The bill says this would first apply to a proposed rule whose scope statement is presented for approval on the effective date of this provision.

An agency would have to stop work on a proposed rule when an economic impact analysis shows costs. The rule would be assessed for costs to businesses, local governments, and individuals. The enrolled text merges wording about a $10 million threshold and any net costs, so the trigger cannot be determined from this text. The bill says this would first apply to a proposed rule whose scope statement is presented for approval on the effective date of this provision.

An agency could use another rule to offset costs and continue rulemaking if revised analyses show a full offset. This option would apply when an agency is prohibited from continuing under the stop-work provision. The other rule must be issued in the same calendar year and must not have been used before to offset costs under this provision. The agency must prepare a revised analysis, and any later independent analysis must also show that the other rule fully offsets the costs. The bill says this would first apply to a proposed rule whose scope statement is presented for approval on the effective date of this provision.

An agency would pay for an independent cost analysis if its estimate differs by at least 15 percent or conflicts with its finding that there are no costs. These payment rules concern independent analyses of proposed administrative rules. If neither condition applies, legislative accounts would pay for the independent analysis. The bill says this would first apply to a proposed rule whose scope statement is presented for approval on the effective date of this provision.