BILL NUMBER: AB 12	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  APRIL 15, 2013

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 amended, 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 instead require the office to annually prepare
that report for the Senate Committee on Governmental Organization and
the Assembly Committee on Accountability and Administrative Review
and include recommendations 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 also 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
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, and annually thereafter, the
office shall submit to the Senate Committee on Governmental
Organization and the Assembly Committee on Accountability and
Administrative Review a report describing the extent to which
submitted standardized regulatory impact analyses for proposed major
regulations  for that fiscal year  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 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 annual report required by subdivision (b),
the office 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.