BILL NUMBER: AB 12	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cooley

                        DECEMBER 3, 2012

   An act to amend Section 11349.1.5 of the Government Code, relating
to state government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 12, as introduced, Cooley. State government: Administrative
Procedure Act: standardized regulatory impact analyses.
   The Administrative Procedure Act governs the procedures 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 each state agency to
prepare a standardized regulatory impact analysis, as specified, with
respect to the adoption, amendment, or repeal of a major regulation,
as defined, that is proposed on or after November 1, 2013. Existing
law requires the Department of Finance and the office, from time to
time, to review the standardized regulatory impact analyses for
adherence to regulations adopted by the department.
   This bill would instead require the Department of Finance and the
office to annually review the standardized regulatory impact analyses
for adherence to the regulations adopted by the department.
   Existing law requires, on or before November 1, 2015, the office
to submit to the Senate and Assembly Committees on Governmental
Organization a report describing the extent to which submitted
standardized regulatory impact analyses for proposed major
regulations adhere to the regulations adopted by the department.
   This bill would require the report to include any recommendations
from the office for actions the Legislature might consider for
improving state agency performance and compliance in the creation of
the standardized regulatory impact analyses. This bill would require
the office to notify the Legislature of noncompliance by a state
agency and to post the report and the notice of noncompliance on the
office's Internet Web site.
   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 11349.1.5 of the Government Code is amended to
read:
   11349.1.5.  (a) The Department of Finance and the office shall
 , from time to time,   annually  review
the standardized regulatory impact analyses required by subdivision
(c) of Section 11346.3 and submitted to the office pursuant to
Section 11347.3, for adherence to the regulations adopted by the
department pursuant to Section 11346.36.
   (b) On or before November 1, 2015, the office shall submit to the
Senate and Assembly Committees on Governmental Organization a report
describing the extent to which submitted standardized regulatory
impact analyses for proposed major regulations adhere to the
regulations adopted pursuant to Section 11346.36. The report shall
include a discussion of agency adherence to the regulations as well
as a comparison between various state agencies on the question of
adherence. The report  may   shall  also
include any recommendations from the office for actions the
Legislature might consider for improving state agency performance
 and compliance in the creation of the standardized regulatory
impact analyses as described in Section 11346.3  .
   (c) In addition to the report required by subdivision (b), the
office  may   shall  notify the Legislature
of noncompliance by a state agency with the regulations adopted
pursuant to Section 11346.36, in any manner or form determined by the
office  and shall post the report and notice of noncompliance on
the office's Internet Web site  .