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H 3891

An Act enhancing legislative oversight of regulatory actions in Massachusetts

194th Legislature (2025-2026) Introduced by Nick Boldyga

Requires legislative ratification and economic analysis before major rules take effect, increasing public participation and annual agency reporting.

Hearing scheduled for 10/14/2025 from 01:00 PM-05:00 PM in B-2
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Bill Summary · H 3891

Summary of H.3891: An Act enhancing legislative oversight of regulatory actions in Massachusetts

Overview

H.3891 proposes a framework to strengthen legislative oversight of major regulatory actions in Massachusetts. ItRequires explicit economic analysis, formal legislative ratification, increased public participation, and annual reporting by agencies. The bill defines “major rules” and sets a process for legislative review and potential disapproval, with provisions for emergency rules and judicial review.

Key Provisions

  • Definitions

    • Agency: any MA department, commission, board, council, authority, or other body that can promulgate regulations.
    • Rule: any regulation, standard, policy statement, or other action with the force of law.
    • Major Rule: a rule likely to adversely affect economic growth, jobs, or businesses (including small businesses) with estimated economic impact exceeding $1 million over five years (inflation-adjusted).

  • Legislative Review of Major Rules

    • Economic Impact Statement (EIS): Before proposing a major rule, an agency must prepare an EIS estimating impacts on the state economy, job creation, and business costs (including small businesses) and analyze alternative approaches and their costs.
    • Legislative Ratification: A major rule cannot take effect without ratification by both legislative branches. The agency must submit the rule and EIS to the Senate and House clerks for review.
    • Legislative Process: Both chambers must pass a concurrent resolution approving the major rule within 90 days of submission; if not acted upon within 90 days, the rule is deemed disapproved.
    • Emergency Rules: If necessary for immediate public safety or welfare, an emergency rule may take effect immediately but must be submitted for ratification within 30 days.

  • Public Participation and Transparency

    • Agencies must provide opportunities for public comment, including at least one public hearing.
    • Economic impact statements, proposed rules, and related legislative resolutions must be available online and in the State House library.

  • Judicial Review

    • Affected individuals may challenge a rule in court on grounds that it was not properly ratified or that the economic impact was miscalculated.

  • Reporting

    • Agencies must annually report to the Legislature on the number of rules proposed, the number of major rules, and outcomes of legislative ratification.

Timeline and Status

  • Introduced: February 27, 2025
  • Referred to Rules of the two branches, acting concurrently: February 27, 2025
  • Senate concurrence: July 10, 2025
  • Discharged to the committee on State Administration and Regulatory Oversight: July 7, 2025
  • Hearing: Scheduled for October 14, 2025, 1:00 PM–5:00 PM, in hearing room B-2

Affected Parties and Potential Impact

  • Affected Agencies: Any Massachusetts state department, commission, board, or other regulatory body that promulgates rules.
  • Affected Stakeholders: Businesses (notably small businesses), economic interests, and the public seeking greater transparency and participation in rulemaking.
  • Potential Impact: Increased procedural safeguards and timeframes for major rules; potential delays in implementing significant regulations due to required legislative ratification; enhanced transparency and public involvement.

Related Information

  • Related bill/replace: HD 3477 (listed as related/replaces, indicating a closely connected or successor measure).

Compiled from official sources — confirm details with the bill’s official record.

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