Delaware General Assembly

Signed 7/22/15

The General Assembly has ended, the current status is the final status.

6/3/15

Marshall

Sen. Hocker
Reps. Q. Johnson, B. Short, Carson, Dukes, Gray, D. Short, Smyk, Spiegelman, Wilson, Yearick

Sen. Blevins, Bonini, Bushweller, Cloutier, Ennis, Hall-Long, Henry, Lavelle, Lawson, Lopez, McBride, McDowell, Peterson, Pettyjohn, Poore, Richardson, F Simpson, Sokola, Townsend
Reps. Barbieri, Baumbach, Bennett, Briggs King, Collins, Hensley, Hudson, Jaques, J. Johnson, Kenton, Kowalko, Longhurst, Matthews, Miro, Mitchell, Mulrooney, Osienski, Outten, Paradee, Peterman, Potter, Ramone, Schwartzkopf, M. Smith, K. Williams

AN ACT TO AMEND TITLE 29, CHAPTERS 101 AND 104 OF THE DELAWARE CODE RELATING TO THE REGULATORY TRANSPARENCY AND ACCOUNTABILITY ACT OF 2015.

The Regulatory Transparency and Accountability Act of 2015 improves Delaware’s regulatory environment for individuals and small businesses in several significant ways. First, it requires each agency to submit a “regulatory flexibility analysis” (or “RFA”) to the Registrar of Regulations whenever it proposes to adopt or amend certain regulations affecting individuals and/or small businesses. In each RFA, an agency must consider, where applicable, lawful, feasible and desirable, specific methods of reducing the burdens of the regulation on individuals and/or small businesses, including: (1) establishing less stringent requirements and deadlines; (2) establishing performance standards to replace design standards; (3) exempting individuals and small businesses from all or part of the regulation; and (4) examining other ways to accomplish the regulation’s purpose, while minimizing the impact upon individuals and/or small businesses. In addition, the Act provides that no proposed regulatory change may be published in the Register of Regulations unless the proposing agency submits an RFA (if applicable) and any other required information to the Registrar. The Act also amends the Administrative Procedures Act (“APA”) to specifically require agencies to submit RFAs to the Registrar for publication. Both of these provisions are important steps to enhance accountability in Delaware’s regulatory process. The Act also requires the adoption of Guidelines, which must be submitted for final publication by November 15, 2015, to assist agencies in fulfilling their obligations under the Act. Finally, the Act expands the definition of “small business” for purposes of the chapter of the Delaware Code relating to regulatory flexibility (Title 29, Chapter 104). If enacted, the Regulatory Accountability and Transparency Act would become effective for all new or amended regulations submitted to the Registrar on or after January 1, 2016.

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Takes effect upon being signed into law

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