BILL ANALYSIS Ó
SB 1520
Page 1
SENATE THIRD READING
SB 1520 (Ron Calderon)
As Amended August 20, 2012
2/3 vote. Urgency
SENATE VOTE :38-0
BUSINESS & PROFESSIONS 9-0 APPROPRIATIONS 12-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Gatto, Blumenfield, |
| |Allen, Butler, Eng, | |Bradford, |
| |Hagman, Hill, Ma, Smyth | |Charles Calderon, Campos, |
| | | |Davis, Fuentes, Hall, |
| | | |Hill, Cedillo, Mitchell, |
| | | |Solorio |
| | | | |
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SUMMARY : Makes minor and technical changes to the procedures
for adopting regulations. Specifically, this bill :
1)Requires a statement of reasons for the adoption, amendment or
repeal of a regulation to include a standardized impact
analysis for each major regulation proposed after November 1,
2013, instead of January 1, 2013, under existing law.
2)Requires agencies proposing to adopt, amend or repeal a
regulation prior to November 1, 2013, to prepare an economic
assessment.
3)Makes technical and clarifying changes.
4)Contains an urgency clause.
EXISTING LAW :
1)Establishes the Administrative Procedure Act (APA), which is
charged with 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 regulations by the Office of
Administrative Law (OAL).
2)Requires every agency to submit to OAL, a notice of proposed
SB 1520
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action and make a copy of the express terms of the regulation
available to the public upon request.
3)Requires for every major regulation proposed on or after
January 1, 2013, a standardized regulatory impact analysis.
4)Requires state agencies that are proposing to adopt, amend or
repeal any administrative regulation to assess the potential
for adverse economic impact on California business enterprises
and individuals.
5)Establishes the permit streamlining act.
6)Provides that the Legislature finds and declares that there is
a statewide need to ensure clear understanding of the specific
requirements which must be met in connection with the approval
of development projects and to expedite decisions on such
projects.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, there are not significant costs associated with this
legislation.
COMMENTS : According to the author, "From a project review
standpoint, this bill is an attempt to encourage a quicker
review of applications for pending California development and
other projects to expedite review and processing under
applicable California law."
The APA governs the adoption of regulations by state agencies
for purposes of ensuring that they are clear, necessary, legally
valid, and available to the public. In seeking adoption of a
proposed regulation, state agencies must comply with procedural
requirements that include publishing the proposed regulation
along with supporting statement of reasons; mailing and
publishing a notice of the proposed action 45 days before a
hearing or before the close of the public comment period; and,
submitting a final statement to OAL that summarizes and responds
to all objections, recommendations and proposed alternatives
that were raised during the public comment period. The OAL is
then required to approve or reject the proposed regulation
within 30 days.
OAL is responsible for reviewing administrative regulations
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proposed by over 200 state agencies for compliance with the
standards set forth in the APA, for transmitting these
regulations to Secretary of State (SOS) and for publishing
regulations in the California Code of Regulations. Existing law
requires OAL to review all regulations for necessity and
non-duplication, and requires OAL to print a summary of all
regulations filed with SOS in the previous week in the
California Regulatory Notice Register.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301
FN: 0005046