** IN EFFECT UNTIL OCTOBER 1, 2021 PER CHAPTER 212 OF 2019**
(a) The Advisory Council shall:
(1) review each proposed regulation required to be submitted to the Advisory Council under § 10–110(c) of the State Government Article;
(2) determine whether the proposed regulation poses a significant small business impact;
(3) provide an estimated range of costs for small businesses affected by the proposed regulation; and
(4) if the Advisory Council determines that a proposed regulation poses a significant small business impact, identify whether the proposed regulation is necessary to comply with federal law.
(b) If a proposed regulation establishes a standard that is more restrictive or stringent than an applicable standard established under a federal law or regulation that governs the same program or conduct, the Advisory Council shall:
(1) identify the specific manner in which the proposed regulation is more restrictive than the applicable federal standard;
(2) estimate the range of additional costs that a small business may incur from compliance with the more restrictive standard, as compared with the cost of compliance with a less stringent standard that complies with federal law;
(3) identify alternative standards that are adopted by one or more states, or other potential standards, that are less restrictive but comply with federal law; and
(4) identify the potential benefit to the public health, safety or welfare, or the environment, expected from adopting the proposed regulation with a more restrictive standard.
(c) If the Advisory Council cannot feasibly quantify a range of costs from its finding of a significant small business impact, then the Advisory Council shall describe the estimated impact of the proposed regulation or, if applicable, of the more restrictive standard as compared to a less restrictive standard that complies with federal law.
(d) (1) If the Advisory Council finds that a proposed regulation poses a significant small business impact under this section, the Advisory Council shall submit a written statement of its findings to the AELR Committee and the Department of Legislative Services within 15 days after the date that the Advisory Council receives the proposed regulation under § 10–110(c) of the State Government Article.
(2) On notice to the AELR Committee and the Department of Legislative Services, the Advisory Council shall be granted up to an additional 15 days to submit the written statement of its findings.