Arizona governor issues nation’s first 3-for-1 regulatory policy

Arizona Governor Doug Ducey (R) signed an executive order on January 13, 2020, that requires state agencies to eliminate three existing regulations in order to issue a new regulation.

“If the government ever deems a new regulation absolutely necessary, it must first identify three others to eliminate,” said Ducey in his 2020 State of the State Address. “The result: New regulations will naturally mean less regulations.”

President Donald Trump (R) issued Executive Order 13771 in January 2017 that included a requirement for federal agencies to eliminate two old regulations for each new regulation issued.

Ducey’s executive order is the first state-level action to expand Trump’s 2-for-1 regulatory policy to a 3-for-1 regulatory policy. Idaho Governor Brad Little (R) issued an executive order that included the 2-for-1 regulatory mandate in January 2019 and Oklahoma Governor Kevin Stitt (R) issued a similar executive order on February 3, 2020. Ohio Governor Mike DeWine (R) signed a budget deal in July 2019 that included a comparable 2-for-1 regulatory requirement.

Ducey’s executive order also renewed a statewide moratorium on new agency rulemakings for the sixth year in a row. Exceptions to the moratorium must be approved by the governor and include rules aimed at “protecting public health or safety, advancing job creation or economic development, or reducing or eliminating burdens or government waste,” according to a press release from the governor.

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