Senate Passes Bill To Ensure State Regulations Are Based On Reliable Data

Legislation sponsored by Sen. Ted Erickson (R-Delaware) to help ensure that state regulations are based on reliable data and sound science was unanimously approved by the state Senate this week.

 

Senate Bill 136, the Data Quality Act, would expand the scope of review by the Independent Regulatory Review Commission to include the examination of the quality of data, studies, reports and information underlying state regulations being implemented.

 

"Senate Bill 136 places the burden of justification for a new regulation where it belongs -- on the regulatory agency. Regulations have a wide, lasting impact, and government agencies should be required to demonstrate that the regulation is based upon empirical, replicable and testable information," said Sen. Erickson.

 

The state agency seeking to implement a regulation would have the responsibility to provide to the IRRC a sufficient description of any data upon which the regulation is based as well as a detailed explanation of how the data was obtained and why the data is acceptable.

 

"This legislation is designed to make the process more open, logical and fair," said Sen. Erickson. "Reasonable regulations are a part of governing, but if not developed properly they can stifle job growth and place an unnecessary burden on citizens. If an agency does not or cannot justify a proposed regulation, it should be grounds for disapproval."

 

The legislation was prompted by the debate over setting mercury emission limits from coal-fired power plants finalized in 2007 and subsequently declared unconstitutional.

 

Senate Bill 136 was sent to the House for consideration.