BILL NUMBER: AB 393	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 14, 2011

   An act to amend Section 11340.1 of the Government Code, relating
to regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 393, as introduced, Wagner. Administrative Procedure Act:
legislative intent.
   Existing law, the Administrative Procedure Act, governs the
procedure for the adoption, amendment, or repeal of regulations by
state agencies and for the review of those regulatory actions by the
Office of Administrative Law. Existing law declares the intent of the
Legislature in establishing the office.
   This bill would make a technical, nonsubstantive change to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11340.1 of the Government Code is amended to
read:
   11340.1.  (a) The Legislature therefore declares that it is in the
public interest to establish an Office of Administrative Law which
shall be charged with the orderly review of adopted regulations. It
is the intent of the Legislature that the purpose of  such
  this  review shall be to reduce the number of
administrative regulations and to improve the quality of those
regulations which are adopted. It is the intent of the Legislature
that agencies shall actively seek to reduce the unnecessary
regulatory burden on private individuals and entities by substituting
performance standards for prescriptive standards wherever
performance standards can be reasonably expected to be as effective
and less burdensome, and that this substitution shall be considered
during the course of the agency rulemaking process. It is the intent
of the Legislature that neither the Office of Administrative Law nor
the court should substitute its judgment for that of the rulemaking
agency as expressed in the substantive content of adopted
regulations. It is the intent of the Legislature that while the
Office of Administrative Law will be part of the executive branch of
state government, that the office work closely with, and upon request
report directly to, the Legislature in order to accomplish
regulatory reform in California.
   (b) It is the intent of the Legislature that the California Code
of Regulations made available on the Internet by the office pursuant
to Section 11344 include complete authority and reference citations
and history notes.