BILL ANALYSIS Bill No: AB 1857 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Edward Vincent, Chair 2001-2002 Regular Session Staff Analysis AB 1857 Author: Wayne As Amended: June 12, 2002 Hearing Date: June 18, 2002 Consultant: Steve Hardy SUBJECT Administrative Procedures Act DESCRIPTION AB 1857 clarifies and refines the administrative rulemaking procedure based on recommendations of the California Law Revision Commission. Specifically, this bill: 1.Expands the requirement that an agency publish certain rulemaking documents on its website to include the text of a proposed emergency rulemaking action and the date the proposed action is submitted to the Office of Administrative Law. 2.Provides that rulemaking documents shall be posted on issuance and remain posted until at least 15 days after the end of the rulemaking process. 3.Clarifies requirements that an agency must describe reasonable alternatives to a proposed regulation and reasonable alternatives that would lessen any adverse impact on small business. It does this by stating that both requirements are subject to the existing rule that an agency need not "artificially construct alternatives or justify why it has not identified alternatives" and revises these provisions to make them more uniform. 4.Replaces ambiguous provisions with a requirement that an agency representative either responds to the substantive AB 1857 (Wayne) continued Page 2 questions regarding inquiries on proposed regulations or directs them to another person in the agency for a prompt response. 5.Adjusts the scope of the exemption that the Fish and Game Commission has from certain time periods specified in the rulemaking procedure by including a recently added time period that should have been covered in previous legislation but was not. 6. Makes several other technical, clarifying and correcting amendments. PRIOR/RELATED LEGISLATION AB 1822 (Wayne) Chapter 1060, Statutes of 2000. Measure similar to this making considerable more technical clarifying updating and correcting amendments to the Administrative Procedures Act. EXISTING LAW Under the Administrative Procedure Act , existing law details the requirements that regulations must adhere to prior to their adoption. These requirements include public comment periods on proposed regulations, review periods, publication requirements, and implementation procedures. The Office of Administrative Law is the state government entity that oversees the adoption of proposed regulations. BACKGROUND The author is carrying this bill on behalf of the California Law Review Commission (CLRC). According to the CRLC, this bill is the product of the Commission's recommendation on Administrative Rulemaking Refinements (February 2002). This recommendation addresses rulemaking issues not previously considered by the Commission in prior legislation, AB 1822 (Wayne), Chapter 1060, Statutes of 2000. The most recent amendments make additional technical correcting amendments to the Act. AB 1857 (Wayne) continued Page 3 SUPPORT: California Law Revision Commission (Sponsor) OPPOSE: None registered as of 6/14/02 FISCAL COMMITTEE: Senate Appropriations ********** SMH:bkh