BILL NUMBER: AB 887	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 22, 2013

   An act to amend Section 11349.7 of the Government Code, relating
to state government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 887, as introduced, Allen. State government: regulations:
economic analysis.
   Existing law, the Administrative Procedure Act, governs the
procedure 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. The act requires the office, at the
request of any standing, select, or joint committee of the
Legislature, to initiate a priority review of any regulation, group
of regulations, or series of regulations that the committee believes
does not meet the standards of necessity, authority, clarity,
consistency, reference, and nonduplication, as specified.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11349.7 of the Government Code is amended to
read:
   11349.7.  The office, at the request of any standing, select, or
joint committee of the Legislature, shall initiate a priority review
of any regulation, group of regulations, or series of regulations
that the committee believes does not meet the standards set forth in
Section 11349.1.
   The office shall notify interested persons and shall publish
notice in the California Regulatory Notice Register that a priority
review has been requested, shall consider the written comments
submitted by interested persons,  the   any
 information contained in the rulemaking record,  if
any,  and shall complete each priority review made pursuant
to this section within 90 calendar days of the receipt of the
committee's written request. During the period of any priority review
made pursuant to this section, all information available to the
office relating to the priority review shall be made available to the
public. In the event that the office determines that a regulation
does not meet the standards set forth in Section 11349.1, it shall
order the adopting agency to show cause why the regulation should not
be repealed and shall proceed to seek repeal of the regulation as
provided by this section in accordance with the following:
   (a) In the event it determines that any of the regulations subject
to the review do not meet the standards set forth in Section
11349.1, the office shall within 15 days of the determination order
the adopting agency to show cause why the regulation should not be
repealed. In issuing the order, the office shall specify in writing
the reasons for its determination that the regulation does not meet
the standards set forth in Section 11349.1. The reasons for its
determination shall be made available to the public. The office shall
also publish its order and the reasons therefor in the California
Regulatory Notice Register. In the case of a regulation for which no,
or inadequate, information relating to its necessity can be
furnished by the adopting agency, the order shall specify the
information which the office requires to make its determination.
   (b) No later than 60 days following receipt of an order to show
cause why a regulation should not be repealed, the agency shall
respond in writing to the office. Upon written application by the
agency, the office may extend the time for an additional 30 days.
   (c) The office shall review and consider all information submitted
by the agency in a timely response to the order to show cause why
the regulation should not be repealed, and determine whether the
regulation meets the standards set forth in Section 11349.1. The
office shall make this determination within 60 days of receipt of an
agency's response to the order to show cause. If the office does not
make a determination within 60 days of receipt of an agency's
response to the order to show cause, the regulation shall be deemed
to meet the standards set forth in subdivision (a) of Section
11349.1. In making this determination, the office shall also review
any written comments submitted to it by the public within 30 days of
the publication of the order to show cause in the California
Regulatory Notice Register. During the period of review and
consideration, the information available to the office relating to
each regulation for which the office has issued an order to show
cause shall be made available to the public. The office shall notify
the adopting agency within two working days of the receipt of
information submitted by the public regarding a regulation for which
an order to show cause has been issued. If the office determines that
a regulation fails to meet the standards, it shall prepare a
statement specifying the reasons for its determination. The statement
shall be delivered to the adopting agency, the Legislature, and the
Governor and shall be made available to the public and the courts.
Thirty days after delivery of the statement required by this
subdivision the office shall prepare an order of repeal of the
regulation and shall transmit it to the Secretary of State for
filing.
   (d) The Governor, within 30 days after the office has delivered
the statement specifying the reasons for its decision to repeal, as
required by subdivision (c), may overrule the decision of the office
ordering the repeal of a regulation. The regulation shall then remain
in full force and effect. Notice of the Governor's action and the
reasons therefor shall be published in the California Regulatory
Notice Register.
   The Governor shall transmit to the rules committee of each house
of the Legislature a statement of reasons for overruling the decision
of the office, plus any other information that may be requested by
either of the rules committees.
   (e) In the event that the office orders the repeal of a
regulation, it shall publish the order and the reasons therefor in
the California Regulatory Notice Register.