BILL NUMBER: AB 2041	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 12, 2012

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 23, 2012

   An act to amend Section 11346.5 of the Government Code, relating
to regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2041, as amended, Swanson. Regulations: adoption: disability
access.
   Existing state and federal law prohibits the exclusion of a
qualified individual with a disability, by reason of that disability,
from participation in or equal access to the benefits of the
services, programs, or activities of a public entity, or be subjected
to discrimination by a public entity. Federal regulations require a
public entity to take appropriate steps to ensure that communications
with participants and members of the public with disabilities are as
effective as communications with others. These regulations also
require a public entity to furnish appropriate auxiliary aids and
services where necessary to afford an individual with a disability an
equal opportunity to participate in, and enjoy the benefits of, a
service, program, or activity conducted by a public entity.
   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 requires an agency to
publish a notice of proposed action that includes specified
information, at least 45 days prior to a hearing and the close of the
public comment period. Existing law requires an agency that proposes
certain regulations, upon a request from a person with a visual
disability or other disability for which effective communication is
required under state or federal law, to provide that person a
narrative description of the proposed regulation, as prescribed, and
requires an extended public comment period for that person.
   This bill would require an agency  that proposes specified
types of regulations  to include within the notice of proposed
action a specified statement regarding the availability of narrative
descriptions for persons with visual or other specified disabilities.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 11346.5 of the Government Code is amended to
read:
   11346.5.  (a) The notice of proposed adoption, amendment, or
repeal of a regulation shall include the following:
   (1) A statement of the time, place, and nature of proceedings for
adoption, amendment, or repeal of the regulation.
   (2) Reference to the authority under which the regulation is
proposed and a reference to the particular code sections or other
provisions of law that are being implemented, interpreted, or made
specific.
   (3) An informative digest drafted in plain English in a format
similar to the Legislative Counsel's digest on legislative bills. The
informative digest shall include the following:
   (A) A concise and clear summary of existing laws and regulations,
if any, related directly to the proposed action and of the effect of
the proposed action.
   (B) If the proposed action differs substantially from an existing
comparable federal regulation or statute, a brief description of the
significant differences and the full citation of the federal
regulations or statutes.
   (C) A policy statement overview explaining the broad objectives of
the regulation and the specific benefits anticipated by the proposed
adoption, amendment, or repeal of a regulation, including, to the
extent applicable, nonmonetary benefits such as the protection of
public health and safety, worker safety, or the environment, the
prevention of discrimination, the promotion of fairness or social
equity, and the increase in openness and transparency in business and
government, among other things.
   (D) An evaluation of whether the proposed regulation is
inconsistent or incompatible with existing state regulations.
   (4) Any other matters as are prescribed by statute applicable to
the specific state agency or to any specific regulation or class of
regulations.
   (5) A determination as to whether the regulation imposes a mandate
on local agencies or school districts and, if so, whether the
mandate requires state reimbursement pursuant to Part 7 (commencing
with Section 17500) of Division 4.
   (6) An estimate, prepared in accordance with instructions adopted
by the Department of Finance, of the cost or savings to any state
agency, the cost to any local agency or school district that is
required to be reimbursed under Part 7 (commencing with Section
17500) of Division 4, other nondiscretionary cost or savings imposed
on local agencies, and the cost or savings in federal funding to the
state.
   For purposes of this paragraph, "cost or savings" means additional
costs or savings, both direct and indirect, that a public agency
necessarily incurs in reasonable compliance with regulations.
   (7) If a state agency, in proposing to adopt, amend, or repeal any
administrative regulation, makes an initial determination that the
action may have a significant, statewide adverse economic impact
directly affecting business, including the ability of California
businesses to compete with businesses in other states, it shall
include the following information in the notice of proposed action:
   (A) Identification of the types of businesses that would be
affected.
   (B) A description of the projected reporting, recordkeeping, and
other compliance requirements that would result from the proposed
action.
   (C) The following statement: "The (name of agency) has made an
initial determination that the (adoption/amendment/repeal) of this
regulation may have a significant, statewide adverse economic impact
directly affecting business, including the ability of California
businesses to compete with businesses in other states. The (name of
agency) (has/has not) considered proposed alternatives that would
lessen any adverse economic impact on business and invites you to
submit proposals. Submissions may include the following
considerations:
   (i) The establishment of differing compliance or reporting
requirements or timetables that take into account the resources
available to businesses.
   (ii) Consolidation or simplification of compliance and reporting
requirements for businesses.
   (iii) The use of performance standards rather than prescriptive
standards.
   (iv) Exemption or partial exemption from the regulatory
requirements for businesses."
   (8) If a state agency, in adopting, amending, or repealing any
administrative regulation, makes an initial determination that the
action will not have a significant, statewide adverse economic impact
directly affecting business, including the ability of California
businesses to compete with businesses in other states, it shall make
a declaration to that effect in the notice of proposed action. In
making this declaration, the agency shall provide in the record
facts, evidence, documents, testimony, or other evidence upon which
the agency relies to support its initial determination.
   An agency's initial determination and declaration that a proposed
adoption, amendment, or repeal of a regulation may have or will not
have a significant, adverse impact on businesses, including the
ability of California businesses to compete with businesses in other
states, shall not be grounds for the office to refuse to publish the
notice of proposed action.
   (9) A description of all cost impacts, known to the agency at the
time the notice of proposed action is submitted to the office, that a
representative private person or business would necessarily incur in
reasonable compliance with the proposed action.
   If no cost impacts are known to the agency, it shall state the
following:
   "The agency is not aware of any cost impacts that a representative
private person or business would necessarily incur in reasonable
compliance with the proposed action."
   (10) A statement of the results of the economic impact assessment
required by subdivision (b) of Section 11346.3 or the standardized
regulatory impact analysis if required by subdivision (c) of Section
11346.3, a summary of any comments submitted to the agency pursuant
to subdivision (f) of Section 11346.3 and the agency's response to
those comments.
   (11) The finding prescribed by subdivision (d) of Section 11346.3,
if required.
   (12) A statement that the action would have a significant effect
on housing costs, if a state agency, in adopting, amending, or
repealing any administrative regulation, makes an initial
determination that the action would have that effect. In addition,
the agency officer designated in paragraph (14), shall make available
to the public, upon request, the agency's evaluation, if any, of the
effect of the proposed regulatory action on housing costs.
   (13) A statement that the adopting agency must determine that no
reasonable alternative considered by the agency or that has otherwise
been identified and brought to the attention of the agency would be
more effective in carrying out the purpose for which the action is
proposed, would be as effective and less burdensome to affected
private persons than the proposed action, or would be more cost
effective to affected private persons and equally effective in
implementing the statutory policy or other provision of law. For a
major regulation, as defined by Section 11342.548, proposed on or
after November 1, 2013, the statement shall be based, in part, upon
the standardized regulatory impact analysis of the proposed
regulation, as required by Section 11346.3, as well as upon the
benefits of the proposed regulation identified pursuant to
subparagraph (C) of paragraph (3).
   (14) The name and telephone number of the agency representative
and designated backup contact person to whom inquiries concerning the
proposed administrative action may be directed.
   (15) The date by which comments submitted in writing must be
received to present statements, arguments, or contentions in writing
relating to the proposed action in order for them to be considered by
the state agency before it adopts, amends, or repeals a regulation.
   (16) Reference to the fact that the agency proposing the action
has prepared a statement of the reasons for the proposed action, has
available all the information upon which its proposal is based, and
has available the express terms of the proposed action, pursuant to
subdivision (b).
   (17) A statement that if a public hearing is not scheduled, any
interested person or his or her duly authorized representative may
request, no later than 15 days prior to the close of the written
comment period, a public hearing pursuant to Section 11346.8.
   (18) A statement indicating that the full text of a regulation
changed pursuant to Section 11346.8 will be available for at least 15
days prior to the date on which the agency adopts, amends, or
repeals the resulting regulation.
   (19) A statement explaining how to obtain a copy of the final
statement of reasons once it has been prepared pursuant to
subdivision (a) of Section 11346.9.
   (20) If the agency maintains an Internet Web site or other similar
forum for the electronic publication or distribution of written
material, a statement explaining how materials published or
distributed through that forum can be accessed.
   (21)  A   If the proposed regulation is
subject to Section 11346.6, a  statement that the agency shall
provide, upon request, a description of the proposed changes included
in the proposed action, in the manner provided by Section 11346.6,
to accommodate a person with a visual or other disability for which
effective communication is required under state or federal law and
that providing the description of proposed changes may require
extending the period of public comment for the proposed action.
   (b) The agency representative designated in paragraph (14) of
subdivision (a) shall make available to the public upon request the
express terms of the proposed action. The representative shall also
make available to the public upon request the location of public
records, including reports, documentation, and other materials,
related to the proposed action. If the representative receives an
inquiry regarding the proposed action that the representative cannot
answer, the representative shall refer the inquiry to another person
in the agency for a prompt response.
   (c) This section shall not be construed in any manner that results
in the invalidation of a regulation because of the alleged
inadequacy of the notice content or the summary or cost estimates, or
the alleged inadequacy or inaccuracy of the housing cost estimates,
if there has been substantial compliance with those requirements.