This bill establishes a zero-based regulatory budgeting system requiring specific energy-related federal regulations to automatically expire unless formally renewed through a review process.
Craig Goldman
Representative
TX-12
This Act establishes a "zero-based" system requiring specific federal energy and environmental regulations to automatically expire unless actively renewed. Covered agencies must set expiration dates for existing rules within one year and for new rules within five years. Agencies can extend these deadlines only after providing public notice and comment on the regulation's costs and benefits.
Imagine if every rule governing energy production in the U.S. had a 'best before' date. That is the core of the Zero-Based Regulatory Budgeting to Unleash American Energy Act of 2026. This bill introduces a 'use it or lose it' system for federal energy regulations. Within 90 days of this bill becoming law, agencies like the Department of Energy and the Bureau of Land Management would have to slap an expiration date on every existing regulation they oversee—and that date can be no later than one year away (Section 3). For any new rules created in the future, the default lifespan is just five years. Unless an agency actively fights to keep a rule on the books, it simply vanishes from the legal code.
This isn't just about paperwork; it covers the heavy hitters of energy oversight. We’re talking about the Atomic Energy Act, the Natural Gas Act, and rules governing offshore drilling and coal mining. If you’re a technician at a power plant or a welder on a pipeline, the safety standards and environmental protections you rely on daily would essentially be on a countdown clock. To keep a regulation alive, an agency head must open a public comment period, review the feedback, and formally determine that the rule is still 'warranted' (Section 3). This creates a massive administrative hurdle. If an agency is short-staffed or a specific administration isn't interested in a particular protection, they could simply let the clock run out, and the regulation would cease to have any legal effect.
For energy companies and developers, this could be a major win. The bill essentially flips the burden of proof: instead of companies asking for a rule to be removed, the government has to constantly prove why a rule should stay. This could lower compliance costs for businesses, potentially speeding up projects like new drilling sites or power lines. However, for families living near industrial sites or workers in high-risk energy jobs, this 'zero-based' approach introduces a lot of uncertainty. If a safety rule for a local coal mine expires because of a missed deadline or a shift in political priorities, the legal protections for that community's air and water simply disappear (Section 3).
There is also a practical 'kitchen table' concern regarding government efficiency. By requiring agencies to re-justify thousands of pages of regulations every five years, the bill could create a permanent state of bureaucratic gridlock. For a small business owner trying to follow the law, this might mean the rules of the game change every few years, making long-term planning difficult. While the bill allows for quick extensions if a change is 'deregulatory,' any rule that adds a protection requires the full, lengthy public comment process. This creates a lopsided system where it is much easier to delete a rule than it is to maintain one, potentially leaving gaps in oversight that haven't been seen in decades.