BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1099|
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THIRD READING
Bill No: SB 1099
Author: Wright (D), et al.
Amended: 5/17/12
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 9-1, 3/27/12
AYES: Wright, Berryhill, Calderon, Cannella, De León,
Hernandez, , Wyland, Yee
NOES: Corbett
NO VOTE RECORDED: Anderson, Evans, Walters
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 4/23/12
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/7/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SUBJECT : Regulations: effective dates and availability
of pending
regulations
SOURCE : National Federation of Independent Business
Small Business California
DIGEST : This bill (1) revises the dates that a
regulation or order of repeal is effective, (2) requires
within 15 days of the Office of Administrative Law (OAL)
filing a state agency's regulation with the Secretary of
CONTINUED
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State (SOS) to post the regulation on the Internet Web Site
in an easily marked and identifiable location. Requires
the state agency to keep the regulation on its Internet Web
site for at least six months from the date the regulation
is filed with the SOS. Within five days of posting, the
state agency will be required to send to the OAL the
Internet Web site link of each regulation the agency posts
on its Web site. This provisions does not apply to a state
agency that does not maintain an Internet Web site; (3)
Requires the OAL to provide on its Web site a list of, and
a link to the full text of each regulation filed with the
SOS that is pending effectiveness, and (4) subjects
regulations adopted by the Department of Health Services
concerning public wading pools to the provisions of law
concerning transmittal of certified copies of regulations
to the SOS and the California Building Commission.
ANALYSIS :
Existing Law:
1. The Administrative Procedure Act (APA) establishes
rulemaking procedures and standards for the adoption,
amendment, or repeal of regulations by state agencies
charged with the enforcement of state laws, and for the
review of those regulatory actions by the OAL.
2. Under the APA, a regulation or an order of repeal
becomes effective on the 30th day after filing with the
Secretary of State unless:
A. Otherwise provided by the law under which the
regulation was adopted.
B. A later date is prescribed by the state agency.
C. The agency makes a written request to OAL
demonstrating good cause for an earlier effective
date, in which case OAL may prescribe an earlier
date.
3. OAL is required to make available the full text of the
California Code of Regulations on the Internet, free of
charge.
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Under existing law, the Department of Health Services is
permitted to adopt regulations relating to public wading
pools standards and they have to be forwarded to the
California Building Standards Commissioner for approval.
Specifics of the bill:
1.Provides that regulations adopted by state agencies shall
take effect on either, January 1, July 1 or October 1,
and that an Internet link to each pending regulation
shall be made available.
2. Requires within 15 days of the OAL filing a state
agency's regulation with the SOS to post the regulation
on the Internet Web Site in an easily marked and
identifiable location. Requires the state agency to
keep the regulation on its Internet Web site for at
least six months from the date the regulation is filed
with the SOS. Within five days of posting, the state
agency will be required to send to the OAL the Internet
Web site link of each regulation the agency posts on its
Web site. This provision does not apply to a state
agency that does not maintain an Internet Web site.
3. Requires the OAL to provide on its Internet website a
list of, and a link to the full text of each regulation
filed with the Secretary of State for which the
effective date is pending.
4. Subjects regulations adopted by the Department of Health
Services concerning wading pools to the provision of law
relative to transmittal of certified copies of
regulation to the Secretary of State and California
Building Commissioner.
Prior/Related Legislation
SB 553 (Fuller) 2011-12 Session, stated that a regulation
or an order of repeal of a regulation shall become
effective 180 days after the date it is filed with the
Secretary of State, instead of 30 days, as provided in
existing law. (Died in Senate Governmental Organization
Committee)
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SB 688 (Wright) 2011-12 Session, among other things,
delayed the effective date of a regulation by one year if
the estimated total costs of compliance exceeded $10
million. (Failed passage in Senate Environmental Quality
Committee)
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee on the
previous version of this bill, there could be a one-time
cost of up to $5,000 to revise the OAL Web site related to
contracting with the California Technology Agency to set up
and train OAL staff (up to three staff).
Annual, likely minor ongoing cost to maintain the
rotating list on the OAL Web site.
One time cost of $10,000 to contract with a vendor to
reprogram OAL's database.
Unknown reduction in contract revenue (General Fund).
SUPPORT : (Verified 5/17/12)
National Federation of Independent Business (co-source)
Small Business California (co-source)
American Chemistry Council
American Council of Engineering Companies of California
Associated Builders and Contractors of California
Association of California Water Agencies
California Asian Pacific Chamber of Commerce
California Association of Bed & Breakfast Inns
California Association of Health Facilities
California Chamber of Commerce
California Construction and Industrial Materials
Association
California Council for Environmental and Economic Balance
California Grocers Association
California Hotel & Lodging Association
California Independent Oil Marketers Association
California League of Food Processors
California Manufacturers & Technology Association
California Professional Association of Specialty
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Contractors
California Retailers Association
Chemical Industry Council of California
Coalition for Adequate School Housing
Coalition of Small and Disabled Veteran Businesses
Consumer Specialty Products Association
Golden State Builders Exchanges
United Contractors
Western Growers Association
OPPOSITION : (Verified 5/17/12)
California Board of Accountancy
California Labor Federation
California Nurses Association
Health Access California
National Nurses Organizing Committee
Sierra Club
ARGUMENTS IN SUPPORT : The author's office states that
every year, businesses face a barrage of new regulations
promulgated by state agencies. The regulations go into
effect 30 days after filing with the Secretary of State,
and this happens year round. It is difficult, if not
impossible, for a small business with minimal staff to keep
track of the regulatory process involving multiple
departments and agencies. Often this has the effect of
guaranteeing that many businesses will be out of compliance
with some of the new rules. The author's office states
further that this bill will go a long way toward providing
certainty to California's businesses by allowing them to
predict and prepare for new operating rules mandated by
state departments.
The supporters state that passage of this bill will
alleviate pressure of regulations being enacted at
differing times and will lead to better compliance. It
will save the state money in enforcement efforts and
provide some measure of protection for California's job
creators in a time of economic uncertainty, without
interfering with an agency's ability to react quickly when
there is an urgent need, such as is the case when public
safety is threatened.
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ARGUMENTS IN OPPOSITION : According to the California
Nurses Association and the National Nurses Organizing
Committee, "For the past few years, regulatory reform has
been a buzzword and dozens of bills have attempted to
rewrite the regulatory process. Some even claim it was
regulation itself that caused this economic crisis. On the
contrary, it was deregulation - of the housing markets,
financial institutions, corporate accounting - that
directly caused the financial collapse and the national
recession. The residents of California need our agencies
to focus on promoting good jobs, enforcing state labor
laws, protecting our air and water, and preventing
workplace injuries. We do not want agency personnel
to have their hands tied by a process that appears to be
aimed at decreasing protections for our citizenry."
DLW:do 5/17/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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