BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1099|
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UNFINISHED BUSINESS
Bill No: SB 1099
Author: Wright (D), et al.
Amended: 8/24/12
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
SENATE FLOOR : 33-0, 5/25/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Cannella,
Corbett, Correa, De León, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Harman, Hernandez, Huff, La Malfa,
Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla,
Pavley, Price, Rubio, Steinberg, Vargas, Walters, Wolk,
Wright, Yee
NO VOTE RECORDED: Calderon, Hancock, Kehoe, Runner,
Simitian, Strickland, Wyland
ASSEMBLY FLOOR : Not available
CONTINUED
SB 1099
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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
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.
Assembly Amendments exempt regulations adopted by the Fish
and Game Commission (FGC) and a regulation by FGC that
requires a different effective date in order to conform to
a federal regulation, and double-joint the bill with AB
2114 (Smyth).
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.
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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.
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.
This bill:
1. Requires within 15 days of the OAL filing a state
agency's regulation with the SOS, the regulation be
posted on the internet Web site in an easily
identifiable location and maintain the regulation of the
Web site for at least six months from the date the
regulation is filed with the SOS.
2. Requires the agency, within five days of posting, to
send to the OAL the Web site link of each regulation
that the agency posts on its Web site and provides that
this measure does not apply to a state agency that does
not maintain a Web site.
3. Provides that unless the effective date is specifically
provided, a regulation or an order of repeal shall
become effective on a quarterly basis as follows:
A. January 1 if the regulation or order of repeal is
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filed on September 1 to November 30, inclusive;
B. April 1 if the regulation or order of repeal is
filed on December 1 to February 29, inclusive;
C. July 1 if the regulation or order of repeal is
filed on March 1 to May 31, inclusive; and,
D. October 1 if the regulation or order of repeal is
filed on June 1 to August 31, inclusive.
4. 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 which the effective date is pending.
5. Exempts a regulation adopted by FGC pursuant to
specified conditions.
6. Exempts a regulation adopted by FGC that requires a
different effective date in order to conform to a
federal regulation.
7. Defines "ANSI/APSP performance standard" to mean a
standard that is accredited by the American National
Standards Institute (ANSI) and published by the
Association of Pool and Spa Professionals (APSP).
8. Defines "suction outlet" to mean a fitting or fixture
typically located at the bottom or on the sides of a
swimming pool that conducts water to a recirculating
pump.
9. Deletes references to "drains" and replace with "suction
outlets."
10.Deletes a reference to "main drain suction outlets that
are less than 12 inches across" and replace it with
"suction outlets."
11.Deletes a reference to "main drain system" and replace
it with "circulation system."
12.Deletes a reference to "main drain suction fitting" and
replace it with "suction outlet."
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13.Makes other conforming changes.
14.Double-joints the bill with AB 2114 (Smyth).
Prior/Related Legislation
SB 553 (Fuller, 2011-12) 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 SOS, instead of 30
days, as provided in existing law. The bill died in the
Senate Governmental Organization Committee.
SB 688 (Wright, 2011-12), among other things, delayed the
effective date of a regulation by one year if the estimated
total costs of compliance exceeded $10 million. The bill
failed passage in the Senate Environmental Quality
Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee:
1. Changing the effective date of regulations would likely
require OAL to renegotiate the contract with the
publisher of the California Code of Regulations (CCR).
Under the current contract, the publisher pays the state
$400,000 for the privilege of publishing the CCR. In
prior years, the publisher has paid $600,000. However,
due to the current availability of information on the
internet, that amount was reduced. Unlike California,
many states pay publishers to publish their regulatory
codes. The complexity of these new requirements
combined with the declining number of subscriptions for
hard copies of the CCRs may cause the publisher to
reduce their payment or even require the state to pay
for publishing the CCRs.
2. Unknown, potentially significant workload costs
associated with requiring over 200 state agencies to
post all regulations packages on their websites within
15 days of submitting those regulations to the Secretary
of State. In 2011, there were close to 5,000 regulatory
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packages submitted to OAL.
3. One-time costs for OAL, likely in the range of $50,000
for the training and reprogramming costs associated with
the requirement that OAL post a link to the full text of
every regulatory package.
SUPPORT : (Verified 5/17/12) (Unable to reverify at time
of writing)
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
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
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
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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.
DLW:dm 8/28/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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