Bill Summary: HB 5680 (2026, West Virginia)
Title: Relating to establishing a comprehensive regulatory sunset and zero-based review system
Jurisdiction: West Virginia
Session: 2026
Sponsors:
- Primary sponsor not listed; co-sponsors include John Paul Hott, Mark Dean, George Street, Tristan Leavitt, Dave Foggin, Tresa Howell, Jonathan Pinson, Bill Ridenour, Ryan Browning, Eric Brooks
Action History:
- Filed for introduction on 2026-02-17
- Referred to: Government Organization and then Judiciary
- Introduced in House on 2026-02-17
1) Purpose and Intent
HB 5680 seeks to establish a comprehensive regulatory sunset framework coupled with zero-based review for West Virginia's regulatory state. The core aim is to periodically reassess and justify existing regulations, ensuring they remain necessary, effective, and efficient. The bill intends to institutionalize a regular, criteria-driven evaluation process that could lead to modification or repeal of regulations based on demonstrable need, current impact, and program performance.
2) Key Provisions and Changes
Regulatory Sunset System
- Establish a formal, state-wide sunset review process for existing regulations.
- Periodically evaluate the ongoing necessity, effectiveness, cost, and impact of each regulation.
- Provide for automatic or recommended renewal, amendment, or repeal based on review findings.
Zero-Based Review (ZBR)
- Implement zero-based review for regulatory programs, requiring agencies to justify the continuation of each regulation from a baseline of “zero” rather than basing decisions on historical continuances.
- Reassess regulatory goals, costs, benefits, and alternatives from first principles during each cycle.
Criteria and Standards
- Define criteria to determine regulatory necessity, effectiveness, efficiency, and public protection goals.
- Establish metrics for evaluating outcomes, compliance costs, administrative burden, and unintended consequences.
Agency Roles and Processes
- Assign responsibilities to relevant state agencies for initiating, conducting, and reporting on sunset and ZBR reviews.
- Create oversight mechanisms (likely legislative or executive–branch bodies) to review findings and approve actions (retention, modification, repeal, or transition to new regulatory approaches).
Public Reporting and Transparency
- Require publication of review findings, cost-benefit analyses, and proposed actions.
- Provide opportunities for public comment and stakeholder input during the review process.
Timeline and Cycle
- Prescribe a schedule for initial reviews and subsequent cycles (e.g., every X years for each regulation), with milestones for agency reports, legislative consideration, and effective dates of any amendments or repeal.
Remedies and Implementation
- Outline procedures for orderly implementation of changes, including transition plans, continuity of essential public protections, and handling of existing compliance obligations.
3) Affected Parties and Impacts
- State Agencies: Principal implementers of the sunset and ZBR processes; responsible for conducting analyses, preparing reports, and proposing regulatory adjustments.
- Legislature: Receives review findings, considers proposed changes, and enacts statutory amendments or repeals.
- Regulated Entities and Citizens: Might experience changes in regulatory burdens, compliance costs, or protections based on the outcomes of sunset and ZBR reviews.
- Public and Stakeholders: Greater opportunity to participate in review processes and access transparent assessments of regulations.
4) Procedural and Timeline Considerations
- The bill outlines a formal, cyclical process for evaluating regulations, with defined decision points for retention, modification, or repeal.
- Initial and subsequent review cycles are anticipated to be scheduled, with agency reporting deadlines and legislative action timelines.
- Public reporting and input are integrated into the process to promote transparency and accountability.
5) Considerations for readers
- The bill represents a structural reform intended to reduce regulatory burden where appropriate while maintaining essential protections.
- Outcomes depend on implementation details, including the specific criteria adopted, review cadence, and the rigor of analyses performed by agencies.
- Stakeholders may want to monitor for forthcoming definitions of “zero-based” criteria, review schedules, and the exact mechanisms for enacting changes to regulations.
If you’d like, I can tailor this summary to a specific audience (e.g., policymakers, business associations, or general public) or add a section comparing with sunset/ZBR practices in other states.
