A BILL TO BE ENTITLED
AN ACT to update the process for legislative review of rules.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 150B‑21.3 reads as rewritten:
"§ 150B‑21.3.  Effective date of rules.
(a)	Temporary and Emergency Rules. – A temporary rule or an emergency rule becomes effective on the date the Codifier of Rules enters the rule in the North Carolina Administrative Code.
(b)	Permanent Rule. – A permanent rule approved by the Commission becomes effective on the first day of the month following the month the rule is approved by the Commission, unless the Commission received written objections to the rule in accordance with subsection (b) of G.S. 150B‑21.3B or the agency that adopted the rule specifies a later effective date.

	

(c1)	Fees. – Notwithstanding any other provision of this section, a rule that establishes a new fee or increases an existing fee shall not become effective until the agency has complied with the requirements of G.S. 12‑3.1.

	
	
(e)	OSHA Standard. – A permanent rule concerning an occupational safety and health standard that is adopted by the Occupational Safety and Health Division of the Department of Labor and is identical to a federal regulation promulgated by the Secretary of the United States Department of Labor becomes effective on the date the Division delivers the rule to the Codifier of Rules, unless the Division specifies a later effective date. If the Division specifies a later effective date, the rule becomes effective on that date.
(f)	Technical Change. – A permanent rule for which no notice or hearing is required under G.S. 150B‑21.5(a)(1) through (a)(5) or G.S. 150B‑21.5(b) becomes effective on the first day of the month following the month the rule is approved by the Rules Review Commission or Codifier of Rules, as applicable."
SECTION 2.  Article 2A of Chapter 150B of the General Statutes is amended by adding a new section to read:
"§ 150B‑21.3B.  Legislative review of rules.
(a)	Definitions. – As used in this section, "legislative day" means a day on which either house of the General Assembly convenes in regular session.
(b)	Objection to Rule. – Any person who objects to the adoption of a permanent rule may submit written comments to the agency. If the objection is not resolved prior to adoption of the rule, a person may submit written objections to the Commission requesting review of the rule by the General Assembly. The written objections must clearly request review by the General Assembly in accordance with instructions posted on the agency's website pursuant to G.S. 150B‑19.1(c)(4). If the Commission receives such written objections from 10 or more persons no later than 5:00 P.M. of the day following the day the Commission approves the rule, the rule will become effective as provided in subsection (e) of this section. The Commission shall notify the agency that the rule is subject to review by the General Assembly on the day following the day it receives 10 or more written objections.
(c)	Agency Action. – If a rule is subject to review by the General Assembly pursuant to this section, the agency may adopt the rule as a temporary rule if the rule would have met the criteria listed in G.S. 150B‑21.1(a) at the time the notice of text for the permanent rule was published in the North Carolina Register. If a rule that is subject to review by the General Assembly is one of a group of related rules adopted by the agency at the same time, the agency may cause any of the other rules in the group to become effective as provided in subsection (e) of this section by submitting a written statement to that effect to the Commission before the other rules become effective.
(d)	Disapproval Bills. – Notwithstanding any rule of either house of the General Assembly, any member of the General Assembly may introduce a bill during the first 30 legislative days of the regular session of any given calendar year to specifically disapprove a rule that has been approved by the Commission and that has not become effective or has become effective by executive order under subsection (f) of this section. A bill specifically disapproves a rule if it contains a provision that refers to the rule by the appropriate North Carolina Administrative Code citation and states that the rule is disapproved.
(e)	Delayed Effective Dates. – A rule that is subject to review by the General Assembly pursuant to this section shall become effective as provided in this subsection. A rule that is approved by the Commission on or before December 31 of a given calendar year becomes effective on the thirty‑first legislative day of the regular session of the following calendar year unless a bill that specifically disapproves the rule is introduced in either house of the General Assembly before the thirty‑first legislative day of that session. If a bill that specifically disapproves the rule is introduced in either house of the General Assembly before the thirty‑first legislative day of that session, the rule becomes effective on the earlier of the day an unfavorable final action is taken on the bill or August 1 of the calendar year following the calendar year the Commission approved the rule. If the agency adopting the rule specifies a later effective date than the date that would otherwise apply under this subsection, the later date applies. A permanent rule that is not approved by the Commission or that is specifically disapproved by a bill enacted into law before it becomes effective does not become effective.
(f)	Executive Order Exception. – The Governor may, by executive order, make effective a permanent rule that has been approved by the Commission but the effective date of which has been delayed in accordance with subsection (e) of this section upon finding that it is necessary that the rule become effective in order to protect public health, safety, or welfare. A rule made effective by executive order becomes effective on the date the order is issued or at a later date specified in the order. When the Codifier of Rules enters in the North Carolina Administrative Code a rule made effective by executive order, the entry must reflect this action. A rule that is made effective by executive order remains in effect unless it is specifically disapproved by the General Assembly in a bill enacted into law before August 1 of the calendar year following the calendar year the executive order is issued. A rule that is made effective by executive order and that is specifically disapproved by a bill enacted into law is repealed as of the date specified in the bill. If a rule that is made effective by executive order is not specifically disapproved by a bill enacted into law within the time set by this subsection, the Codifier of Rules must note this in the North Carolina Administrative Code."
SECTION 3.  This act becomes effective January 1, 2022, and applies to rules adopted on or after that date.