If enacted, this bill would substantially modify the current process for rule making by adding an additional step aimed at soliciting public input and feedback. The definition of a 'major rule' under this bill is significant, encompassing rules expected to have an economic impact of $100 million or more. By increasing opportunities for stakeholder interaction early in the regulatory process, SB77 is designed to improve the quality of regulations and ensure that they are better informed by public concerns and perspectives.
Summary
SB77, also known as the Early Participation in Regulations Act of 2025, aims to establish a requirement for federal agencies to publish advance notices of proposed rule making (ANPRM) for major rules before formally introducing them. The bill seeks to enhance transparency and public engagement by requiring agencies to provide an early notice—at least 90 days prior to the publication of a proposed rule—in the Federal Register. This advance notice must include details about the nature of the issues addressed, potential regulatory alternatives, and the legal authority for the proposed rules.
Contention
While the bill is positioned as a means to enhance public participation in the regulatory process, some concerns have been raised regarding its potential impact on the efficiency of rule making. Critics argue that adding an additional requirement for advance notices could delay the implementation of necessary regulations, especially in urgent situations where rapid action is required. Furthermore, the bill provides the Administrator of the Office of Information and Regulatory Affairs with the discretion to exempt certain major rules from this requirement, raising concerns about the transparency of the decision-making process.