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  




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            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.





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           SUPPORT:   California Law Revision Commission  (Sponsor)

           OPPOSE:     None registered as of 6/14/02

           FISCAL COMMITTEE:   Senate Appropriations



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          SMH:bkh