BILL NUMBER: SB 1099	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 24, 2012
	AMENDED IN SENATE  MAY 17, 2012
	AMENDED IN SENATE  APRIL 25, 2012

INTRODUCED BY   Senator Wright
   (Principal coauthor: Senator Correa)
   (Coauthors: Senators  Dutton   
 and Rubio   De León,   Dutton, 
 Rubio,   and Strickland  )
   (Coauthors: Assembly Members  Bill Berryhill,  
Gatto,  Logue, Ma,  Pan,  Perea,  V. Manuel Pérez,
 and Wieckowski)

                        FEBRUARY 16, 2012

   An act to amend Sections 11343, 11343.4, and 11344 of the
Government Code, and to amend Section 116064 of the Health and Safety
Code, relating to regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1099, as amended, Wright. Regulations.
   (1) The Administrative Procedure Act generally sets forth the
requirements for the adoption, publication, review, and
implementation of regulations by state agencies. The act specifically
provides that a regulation or order of repeal required to be filed
with the Secretary of State shall become effective on the 30th day
after the date of filing, subject to certain exceptions.
   This bill would instead provide that a regulation or order of
repeal is effective on January 1, April 1, July 1, or October 1, as
specified, subject to  the same   certain 
exceptions  ,   including, but not limited to, specified
regulations adopted by the Fish and Game Commission  .
   (2) The act requires the Office of Administrative Law to make a
free copy of the full text of the California Code of Regulations
available on its Internet Web site.
   This bill would also require the office to provide on its Internet
Web site a list of, and a link to the full text of, each regulation
filed with the Secretary of State that is pending effectiveness, as
specified.
   (3) Existing law requires that every state agency subject to the
act that maintains an Internet Web site or similar forum for the
electronic publication or distribution of written material publish on
that Internet Web site or other forum specified information
regarding a proposed regulation or regulatory repeal or amendment.
   This bill would also require a state agency to post on its
Internet Web site each regulation that is filed with the Secretary of
State, as specified, and to send to the office the Internet Web site
link of the regulation. The bill would not apply to a state agency
that does not maintain an Internet Web site.
   This bill would also make a conforming change. 
   This bill would incorporate additional changes in Section 116064
of the Health and Safety Code, proposed by AB 2114, to be operative
only if AB 2114 and this bill are both chaptered and become effective
on or before January 1, 2013, and this bill is chaptered last. 

   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 11343 of the Government Code is amended to
read:
   11343.  Every state agency shall:
   (a) Transmit to the office for filing with the Secretary of State
a certified copy of every regulation adopted or amended by it except
one that is a building standard.
   (b) Transmit to the office for filing with the Secretary of State
a certified copy of every order of repeal of a regulation required to
be filed under subdivision (a).
   (c) (1) Within 15 days of the office filing a state agency's
regulation with the Secretary of State, post the regulation on its
Internet Web site in an easily marked and identifiable location. The
state agency shall keep the regulation on its Internet Web site for
at least six months from the date the regulation is filed with the
Secretary of State.
   (2) Within five days of posting, the state agency shall send to
the office the Internet Web site link of each regulation that the
agency posts on its Internet Web site pursuant to paragraph (1).
   (3) This subdivision shall not apply to a state agency that does
not maintain an Internet Web site.
   (d) Deliver to the office, at the time of transmittal for filing a
regulation or order of repeal, six duplicate copies of the
regulation or order of repeal, together with a citation of the
authority pursuant to which it or any part thereof was adopted.
   (e) Deliver to the office a copy of the notice of proposed action
required by Section 11346.4.
   (f) Transmit to the California Building Standards Commission for
approval a certified copy of every regulation, or order of repeal of
a regulation, that is a building standard, together with a citation
of authority pursuant to which it or any part thereof was adopted, a
copy of the notice of proposed action required by Section 11346.4,
and any other records prescribed by the State Building Standards Law
(Part 2.5 (commencing with Section 18901) of Division 13 of the
Health and Safety Code).
   (g) Whenever a certification is required by this section, it shall
be made by the head of the state agency that is adopting, amending,
or repealing the regulation, or by a designee of the agency head, and
the certification and delegation shall be in writing.
  SEC. 2.  Section 11343.4 of the Government Code is amended to read:

   11343.4.  (a) Except as otherwise provided in subdivision (b), a
regulation or an order of repeal required to be filed with the
Secretary of State shall become effective on a quarterly basis as
follows:
   (1) January 1 if the regulation or order of repeal is filed on
September 1 to November 30, inclusive.
   (2) April 1 if the regulation or order of repeal is filed on
December 1 to February 29, inclusive.
   (3) July 1 if the regulation or order of repeal is filed on March
1 to May 31, inclusive.
   (4) October 1 if the regulation or order of repeal is filed on
June 1 to August 31, inclusive.
   (b) The effective dates in subdivision (a) shall not apply in all
of the following:
   (1) The effective date is specifically provided by the statute
pursuant to which the regulation or order of repeal was adopted, in
which event it becomes effective on the day prescribed by the
statute.
   (2) A later date is prescribed by the state agency in a written
instrument filed with, or as part of, the regulation or order of
repeal.
   (3) The agency makes a written request to the office demonstrating
good cause for an earlier effective date, in which case the office
may prescribe an earlier date. 
   (4) (A) A regulation adopted by the Fish and Game Commission
pursuant to Article 1 (commencing with Section 200) of Chapter 2 of
Division 1 of the Fish and Game Code.  
   (B) A regulation adopted by the Fish and Game Commission that
requires a different effective date in order to conform to a federal
regulation. 
  SEC. 3.  Section 11344 of the Government Code is amended to read:
   11344.  The office shall do all of the following:
   (a) Provide for the official compilation, printing, and
publication of adoption, amendment, or repeal of regulations, which
shall be known as the California Code of Regulations. On and after
July 1, 1998, the office shall make available on the Internet, free
of charge, the full text of the California Code of Regulations, and
may contract with another state agency or a private entity in order
to provide this service.
   (b) Make available on its Internet Web site a list of, and a link
to the full text of, each regulation filed with the Secretary of
State that is pending effectiveness pursuant to Section 11343.4.
   (c) Provide for the compilation, printing, and publication of
weekly updates of the California Code of Regulations. This
publication shall be known as the California Code of Regulations
Supplement and shall contain amendments to the code.
   (d) Provide for the publication dates and manner and form in which
regulations shall be printed and distributed and ensure that
regulations are available in printed form at the earliest practicable
date after filing with the Secretary of State.
   (e) Ensure that each regulation is printed together with a
reference to the statutory authority pursuant to which it was enacted
and the specific statute or other provision of law which the
regulation is implementing, interpreting, or making specific.
  SEC. 4.  Section 116064 of the Health and Safety Code is amended to
read:
   116064.  (a) As used in this section the following words have the
following meanings:
   (1) (A) "Public wading pool" means a pool that meets all of the
following criteria:
   (i) It has a maximum water depth not exceeding 18 inches.
   (ii) It is a pool other than a pool that is located on the
premises of a one-unit or two-unit residence, intended solely for the
use of the residents or guests.
   (B) "Public wading pool" includes, but is not limited to, a pool
owned or operated by private persons or agencies, or by state or
local governmental agencies.
   (C) "Public wading pool" includes, but is not limited to, a pool
located in an apartment house, hotel, or similar setting, that is
intended for the use of residents or guests.
   (2) "Alteration" means any of the following:
   (A) To change, modify, or rearrange the structural parts or the
design.
   (B) To enlarge.
   (C) To move the location of.
   (D) To install a new water circulation system.
   (E) To make any repairs costing fifty dollars ($50) or more to an
existing circulation system.
   (b) A public wading pool shall have at least two circulation
drains per pump that are hydraulically balanced and symmetrically
plumbed through one or more "T" fittings, and are separated by a
distance of at least three feet in any dimension between the drains.
   (c) All public wading pool main drain suction outlets that are
under 12 inches across shall be covered with antivortex grates or
similar protective devices. All main drain suction outlets shall be
covered with grates or antivortex plates that cannot be removed
except with the use of tools. Slots or openings in the grates or
similar protective devices shall be of a shape, area, and arrangement
that would prevent physical entrapment and would not pose any
suction hazard to bathers.
   (d) (1) The State Department of Health Services may adopt
regulations pursuant to this section.
   (2) The regulations may include, but not be limited to, standards
permitting the use of alternative devices or safeguards, or
incorporating new technologies, that produce, at a minimum,
equivalent protection against entrapment and suction hazard, whenever
these devices, safeguards, or technologies become available to the
public.
   (3) Regulations adopted pursuant to this section constitute
building standards and shall be forwarded pursuant to Section 11343
of the Government Code to the California Building Standards
Commission for approval as set forth in Section 18907 of the Health
and Safety Code.
   (e) The California Building Standards Commission shall approve the
building standards as set forth in this section and publish them in
the California Building Standards Code by November 1, 1999. The
commission shall publish the text of this section in Title 24 of the
California Code of Regulations, Part 2, Chapter 31B, requirements for
public swimming pools, with the following note: "NOTE: These
building standards are in statute but have not been adopted through
the regulatory process." Enforcement of the standards set forth in
this section does not depend upon adoption of regulations, therefore,
enforcement agencies shall enforce the standards pursuant to the
timeline set forth in this section prior to adoption of related
regulations.
   (f) The maximum velocity in the pump suction hydraulic system
shall not exceed six feet per second when 100 percent of the pump's
flow comes from the main drain system and any main drain suction
fitting in the system is completely blocked.
   (g) On and after January 1, 1998, all newly constructed public
wading pools shall be constructed in compliance with this section.
   (h) Commencing January 1, 1998, whenever a construction permit is
issued for alteration of an existing public wading pool, it shall be
retrofitted so as to be in compliance with this section.
   (i) By January 1, 2000, every public wading pool, regardless of
the date of original construction, shall be retrofitted to comply
with this section.
   SEC. 4.5.    Section 116064 of the   Health
and Safety Code   is amended to read: 
   116064.  (a)  As used in this section the following words have the
following meanings:
   (1)  (A)  "Public wading pool" means a pool that meets all of the
following criteria:
   (i)  It has a maximum water depth not exceeding 18 inches.
   (ii)  It is a pool other than a pool that is located on the
premises of a one-unit or two-unit residence, intended solely for the
use of the residents or guests.
   (B)  "Public wading pool" includes, but is not limited to, a pool
owned or operated by private persons or agencies, or by state or
local governmental agencies.
   (C)  "Public wading pool" includes, but is not limited to, a pool
located in an apartment house, hotel, or similar setting, that is
intended for the use of residents or guests.
   (2)  "Alteration" means any of the following:
   (A)  To change, modify, or rearrange the structural parts or the
design.
   (B)  To enlarge.
   (C)  To move the location of.
   (D)  To install a new water circulation system.
   (E)  To make any repairs costing fifty dollars ($50) or more to an
existing circulation system. 
   (3) "ANSI/APSP performance standard" means a standard that is
accredited by the American National Standards Institute (ANSI) and
published by the Association of Pool and Spa Professionals (APSP).
 
   (4) "Suction outlet" means a fitting or fixture typically located
at the bottom or on the sides of a swimming pool that conducts water
to a recirculating pump. 
   (b)  A public wading pool shall have at least two circulation
 drains   suction outlets  per pump that
are hydraulically balanced and symmetrically plumbed through one or
more "T" fittings, and are separated by a distance of at least three
feet in any dimension between the  drains  
suction outlets  .
   (c)  All public wading pool  main drain suction outlets
that are under 12 inches across   suction outlets 
shall be covered with antivortex grates or similar protective
devices. All  main drain  suction outlets shall be
covered with grates or antivortex plates that cannot be removed
except with the use of tools. Slots or openings in the grates or
similar protective devices shall be of a shape, area, and arrangement
that would prevent physical entrapment and would not pose any
suction hazard to bathers.
   (d)  (1)  The State Department of Health Services may adopt
regulations pursuant to this section.
   (2)  The regulations may include, but not be limited to, standards
permitting the use of alternative devices or safeguards, or
incorporating new technologies, that produce, at a minimum,
equivalent protection against entrapment and suction hazard, whenever
these devices, safeguards, or technologies become available to the
public.
   (3)  Regulations adopted pursuant to this section constitute
building standards and shall be forwarded pursuant to 
subdivision (e) of  Section 11343 of the Government Code to
the California Building Standards Commission for approval as set
forth in Section 18907 of the Health and Safety Code.
   (e)  The California Building Standards Commission shall approve
the building standards as set forth in this section and publish them
in the California Building Standards Code by November 1, 1999. The
commission shall publish the text of this section in Title 24 of the
California Code of Regulations, Part 2, Chapter 31B, requirements for
public swimming pools, with the following note: "NOTE: These
building standards are in statute but have not been adopted through
the regulatory process." Enforcement of the standards set forth in
this section does not depend upon adoption of regulations, therefore,
enforcement agencies shall enforce the standards pursuant to the
timeline set forth in this section prior to adoption of related
regulations.
   (f)  The maximum velocity in the pump suction hydraulic system
shall not exceed six feet per second when 100 percent of the pump's
flow comes from the  main drain  circulation
 system and any  main drain  suction 
fitting     outlet  in the system is
completely blocked.
   (g)  On and after January 1, 1998, all newly constructed public
wading pools shall be constructed in compliance with this section.
   (h)  Commencing January 1, 1998, whenever a construction permit is
issued for alteration of an existing public wading pool, it shall be
retrofitted so as to be in compliance with this section.
   (i)  By January 1, 2000, every public wading pool, regardless of
the date of original construction, shall be retrofitted to comply
with this section.
   SEC. 5.    Section 4.5 of this bill incorporates
amendments to Section 116064 of the Health and Safety Code proposed
by both this bill and Assembly Bill 2114. It shall become operative
only if (1) both bills are enacted and become effective on or before
January 1, 2013, (2) each bill amends Section 116064 of the Health
and Safety Code, and (3) this bill is enacted after Assembly Bill
2114, in which case Section 4 of this bill shall not become
operative.