(Senate Bill 92)
An Act to require that certain proposed rules include a housing cost impact statement.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
1-26-2.3. Housing cost impact statement--Content.
Before an agency may promulgate any rule prescribing new standards or requirements for building or remodeling a residential structure that is based on a model code developed by a national or international organization of trade professionals, including standards for electrical, plumbing or mechanical systems, energy conservation, or fire prevention, the agency shall prepare a housing cost impact statement setting forth the need for each new standard or requirement and the estimated cost, per dwelling unit, of compliance. To determine the estimated cost of compliance, the agency shall obtain from three licensed contractors, or other applicable building trades professionals operating in this state an estimate of the total cost to consumer of all materials, labor and taxes necessary to comply with the proposed new standard or requirement. The agency shall use the average of these estimates in preparing the impact statement. For purposes of this section, residential structure, means any one-family dwelling, two-family dwelling, or townhouse not more than three stories above grade.
Section 2. That § 1-26-4 be AMENDED.
1-26-4. Notice, service, and hearing required--Service on interim rules committee--Waiver of service.
The following notice, service,
and public hearing procedure
be used to
adopt, amend, or repeal a permanent rule:
(1) An agency shall serve a copy of a proposed rule and any publication described in § 1-26-6.6 upon the departmental secretary, bureau commissioner, public utilities commissioner, or constitutional officer to which it is attached for the secretary's, commissioner's, or officer's written approval to proceed;
(2) After receiving the written
approval of the secretary, commissioner, or officer to proceed, the
agency shall serve the director with a copy of: the proposed
publication described in § 1-26-6.6;
the fiscal note described
by § 1-26-4.2;
the impact statement on small business described
by § 1-26-2.1;
the housing cost impact statement required by § 1-26-2.3;
and the notice of hearing required by § 1-26-4.1.
The copy of these documents shall
be served at
least twenty days before the public hearing to adopt the proposed
Any publication described in § 1-26-6.6
be returned to
the agency upon completion of the director's review and retained by
the agency. Also,
days before the
public hearing, the agency shall serve the commissioner of the Bureau
of Finance and Management with a copy of: the proposed
fiscal note described
by § 1-26-4.2;
the impact statement on small business
housing cost impact statement required by § 1-26-2.3; and
the notice of hearing required by § 1-26-4.1;
least twenty days before the public hearing, the agency
the notice of
hearing in the manner prescribed by § 1-26-4.1
at least twenty days before the public hearing;
(b) Publish, on the agency's website, the housing cost impact statement required by § 1-26-2.3;
(4) After reviewing the proposed rule pursuant to § 1-26-6.5, the director shall advise the agency of any recommended corrections to the proposed rule. If the agency does not concur with any recommendation of the director, the agency may appeal the recommended correction to the Interim Rules Review Committee for appropriate action;
(5) The agency shall afford all interested persons reasonable opportunity to submit amendments, data, opinions, or arguments at a public hearing held to adopt the rule. The hearing may be continued from time to time. The agency shall keep minutes of the hearing. A majority of the members of any board or commission authorized to pass rules must be present during the course of the public hearing;
(6) If the authority promulgating
the rule is a secretary, commissioner, or officer, the agency shall
accept written comments regarding the proposed rule for a period of
ten days after the public hearing. If the authority promulgating the
rule is a part-time citizen board, commission, committee, or task
force, each interested person
required to shall
submit written comments at least seventy-two hours before the public
hearing. The seventy-two hours does not include the day of the public
hearing. The written comments may be submitted by mail or email. The
record of written comments may be closed at the conclusion of the
public hearing. However,
hearing may be
for the purpose of taking additional comments;
(7) After the written comment
period, the agency shall
all amendments, data, opinions, or arguments regarding the proposed
rule. A proposed rule may be modified or amended at this time to
include or exclude matters which
in the notice of hearing; and
(8) The agency shall serve the
minutes of the hearing, a complete record of written comments, the
impact statement on small business, the
housing cost impact statement, the
fiscal note, the information required
and a corrected copy of the rules
on the members
of the Interim Rules Review Committee,
at least five days before the agency appears before the committee to
present the rules.
The time periods specified in this section may be extended by the agency. The requirement to serve the committee in subdivision (8) may be waived by the committee chair, if the agency presents sufficient reasons to the committee chair that the agency is unable to comply with the time limit. The waiver may not be granted solely for the convenience of the agency.
Signed February 25, 2021
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.