Sec. 01.01.1996.03. Regulatory Standards and Accountability

A. Any unit of State government that proposes to adopt a regulation that provides a standard that is more restrictive or stringent than an applicable standard established under a federal law or regulation which governs the same program or conduct shall:

(1) Identify the manner in which the proposed regulation is more restrictive than the applicable federal standard;

(2) Identify the benefit to the public health, safety or welfare, or the environment, expected from adopting a standard that is more restrictive than the federal standard;

(3) In consultation with the Department of Business and Economic Development, identify whether having a more restrictive standard places an additional burden or cost on the regulated person or business; and

(4) Justify the need for a more restrictive standard by determining that either:

(a) The benefit from the more restrictive standard exceeds the burden or cost of the more restrictive standard on the regulated person or business;

(b) Conditions or circumstances specific or special to Maryland require that Maryland enact a more restrictive standard;

(c) The applicable federal standard is not sufficient to protect the public health, safety, or welfare of Maryland citizens; or

(d) State law requires the adoption of a more restrictive standard.

B. A unit proposing a regulation under Subsection A of this Executive Order shall include in the notice of the proposed regulation published in the Maryland Register a summary of the information required in Subsection A.

Effective date: February 1, 1996 (23:4 Md. R. 193)