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KPPA staff warns of heavy review schedule and flags governor's challenge to House Bill 6
Summary
Staff told the committee KPPA has 44 active regulations with 15 set to expire by next June; staff recommended scheduling extra meetings and noted House Bill 6 imposes a governor certification requirement that the governor is challenging in court.
KPPA regulations staff gave a wide regulatory overview Sept. 16, telling the ad hoc committee that the agency currently has 44 active regulations on file with the Legislative Research Commission and that 15 of those are set to expire between now and next June.
Staff recommended the committee "be prepared" for heavy agendas at upcoming meetings and suggested scheduling an additional meeting in November. He also explained a statutory change under House Bill 6 requiring the governor's office to certify, in addition to the board, that a regulation meets at least one of six criteria before an agency may issue the regulation. "However, the governor is challenging the constitutionality of that statute," staff said. The committee discussed how the new requirement narrows agency authority and noted that, for Kentucky purposes, staff defines a "major economic impact" as anything over $500,000.
Members and staff discussed timing and prioritization: staff urged planning for multiple committee meetings to handle the backlog of reviews and to coordinate with the full board's December and spring meetings.
