AB 1105, as introduced, Hueso. Administrative practices.
Existing law requires every state agency subject to the Administrative Procedure Act to provide an initial statement of reasons for proposing the adoption, amendment, or repeal of a regulation. Existing law requires an initial statement of reasons for a regulation that is a building standard that impacts housing to include the estimated cost of compliance and the potential benefits of the regulation and the related assumptions used in determining that estimate, except as specified.
This bill would instead require an initial statement of reasons for any regulation that is a building standard, regardless of whether the building standard impacts housing, to include the information specified above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11346.2 of the Government Code, as
2amended by Section 1.5 of Chapter 766 of the
Statutes of 2012, is
3amended to read:
Every agency subject to this chapter shall prepare,
5submit to the office with the notice of the proposed action as
P2 1described in Section 11346.5, and make available to the public
2upon request, all of the following:
3(a) A copy of the express terms of the proposed regulation.
4(1) The agency shall draft the regulation in plain, straightforward
5language, avoiding technical terms as much as possible, and using
6a coherent and easily readable style. The agency shall draft the
7regulation in plain English.
8(2) The agency shall include a notation following the express
9terms of each California Code of Regulations section, listing the
10specific statutes or other
provisions of law authorizing the adoption
11of the regulation and listing the specific statutes or other provisions
12of law being implemented, interpreted, or made specific by that
13section in the California Code of Regulations.
14(3) The agency shall use underline or italics to indicate additions
15to, and strikeout to indicate deletions from, the California Code
16of Regulations.
17(b) An initial statement of reasons for proposing the adoption,
18amendment, or repeal of a regulation. This statement of reasons
19shall include, but not be limited to, all of the following:
20(1) A statement of the specific purpose of each adoption,
21amendment, or repeal, the problem the agency intends to address,
22and the rationale for the determination by the agency that each
23adoption, amendment, or repeal is reasonably necessary to carry
24out the
purpose and address the problem for which it is proposed.
25The statement shall enumerate the benefits anticipated from the
26regulatory action, including the benefits or goals provided in the
27authorizing statute. The benefits may include, to the extent
28applicable, nonmonetary benefits such as the protection of public
29health and safety, worker safety, or the environment, the prevention
30of discrimination, the promotion of fairness or social equity, and
31the increase in openness and transparency in business and
32government, among other things.
33(2) For a major regulation proposed on or after November 1,
342013, the standardized regulatory impact analysis required by
35Section 11346.3.
36(3) An identification of each technical, theoretical, and empirical
37study, report, or similar document, if any, upon which the agency
38relies in proposing the adoption, amendment, or repeal of a
39regulation.
P3 1(4) Where the adoption or amendment of a regulation would
2mandate the use of specific technologies or equipment, a statement
3of the reasons why the agency believes these mandates or
4prescriptive standards are required.
5(5) (A) A description of reasonable alternatives to the regulation
6and the agency’s reasons for rejecting those alternatives.
7Reasonable alternatives to be considered include, but are not
8limited to, alternatives that are proposed as less burdensome and
9equally effective in achieving the purposes of the regulation in a
10manner that ensures full compliance with the authorizing statute
11or other law being implemented or made specific by the proposed
12regulation. In the case of a regulation that would mandate the use
13of specific technologies or equipment or prescribe specific actions
14or procedures, the imposition of performance standards shall be
15
considered as an alternative.
16(B) A description of reasonable alternatives to the regulation
17that would lessen any adverse impact on small business and the
18agency’s reasons for rejecting those alternatives.
19(C) Notwithstanding subparagraph (A) or (B), an agency is not
20required to artificially construct alternatives or describe
21unreasonable alternatives.
22(6) (A) Facts, evidence, documents, testimony, or other
23evidence on which the agency relies to support an initial
24determination that the action will not have a significant adverse
25economic impact on business.
26(B) (i) If a proposed regulationbegin delete thatend delete is a building standard
27begin delete impacts housingend delete,
the initial statement of reasons shall include the
28estimated cost of compliance, the estimated potential benefits, and
29the related assumptions used to determine the estimates.
30(ii) The model codes adopted pursuant to Section 18928 of the
31Health and Safety Code shall be exempt from the requirements of
32this subparagraph. However, if an interested party has made a
33request in writing to the agency, at least 30 days before the
34submittal of the initial statement of reasons, to examine a specific
35section for purposes of estimating the cost of compliance and the
36potential benefits for that section, and including the related
37assumptions used to determine the estimates, then the agency shall
38comply with the requirements of this subparagraph with regard to
39that requested section.
P4 1(7) A department, board, or commission within the California
2Environmental Protection Agency, the Natural
Resources Agency,
3or the Office of the State Fire Marshal shall describe its efforts, in
4connection with a proposed rulemaking action, to avoid
5unnecessary duplication or conflicts with federal regulations
6contained in the Code of Federal Regulations addressing the same
7issues. These agencies may adopt regulations different from federal
8regulations contained in the Code of Federal Regulations
9addressing the same issues upon a finding of one or more of the
10following justifications:
11(A) The differing state regulations are authorized by law.
12(B) The cost of differing state regulations is justified by the
13benefit to human health, public safety, public welfare, or the
14environment.
15(c) A state agency that adopts or amends a regulation mandated
16by federal law or regulations, the provisions of which are identical
17to a
previously adopted or amended federal regulation, shall be
18deemed to have complied with subdivision (b) if a statement to
19the effect that a federally mandated regulation or amendment to a
20regulation is being proposed, together with a citation to where an
21explanation of the provisions of the regulation can be found, is
22included in the notice of proposed adoption or amendment prepared
23pursuant to Section 11346.5. However, the agency shall comply
24fully with this chapter with respect to any provisions in the
25regulation that the agency proposes to adopt or amend that are
26different from the corresponding provisions of the federal
27regulation.
28(d) This section shall become operative on January 1, 2012.
29(e) This section shall remain in effect only until January 1, 2014,
30and as of that date is repealed, unless a later enacted statute, that
31is enacted before January 1, 2014,
deletes or extends that date.
Section 11346.2 of the Government Code, as amended
33by Section 2 of
Chapter 471 of the Statutes of 2012, is amended
34to read:
Every agency subject to this chapter shall prepare,
36submit to the office with the notice of the proposed action as
37described in Section 11346.5, and make available to the public
38upon request, all of the following:
39(a) A copy of the express terms of the proposed regulation.
P5 1(1) The agency shall draft the regulation in plain, straightforward
2language, avoiding technical terms as much as possible, and using
3a coherent and easily readable style. The agency shall draft the
4regulation in plain English.
5(2) The agency shall include a notation following the express
6terms of each California Code of Regulations section, listing the
7specific statutes or other
provisions of law authorizing the adoption
8of the regulation and listing the specific statutes or other provisions
9of law being implemented, interpreted, or made specific by that
10section in the California Code of Regulations.
11(3) The agency shall use underline or italics to indicate additions
12to, and strikeout to indicate deletions from, the California Code
13of Regulations.
14(b) An initial statement of reasons for proposing the adoption,
15amendment, or repeal of a regulation. This statement of reasons
16shall include, but not be limited to, all of the following:
17(1) A statement of the specific purpose of each adoption,
18amendment, or repeal, the problem the agency intends to address,
19and the rationale for the determination by the agency that each
20adoption, amendment, or repeal is reasonably necessary to carry
21out the
purpose and address the problem for which it is proposed.
22The statement shall enumerate the benefits anticipated from the
23regulatory action, including the benefits or goals provided in the
24authorizing statute. These benefits may include, to the extent
25applicable, nonmonetary benefits such as the protection of public
26health and safety, worker safety, or the environment, the prevention
27of discrimination, the promotion of fairness or social equity, and
28the increase in openness and transparency in business and
29government, among other things. Where the adoption or
30amendment of a regulation would mandate the use of specific
31technologies or equipment, a statement of the reasons why the
32agency believes these mandates or prescriptive standards are
33required.
34(2) For a major regulation proposed on or after November 1,
352013, the standardized regulatory impact analysis required by
36Section 11346.3.
37(3) An identification of each technical, theoretical, and empirical
38study, report, or similar document, if any, upon which the agency
39relies in proposing the adoption, amendment, or repeal of a
40regulation.
P6 1(4) (A) A description of reasonable alternatives to the regulation
2and the agency’s reasons for rejecting those alternatives.
3Reasonable alternatives to be considered include, but are not
4limited to, alternatives that are proposed as less burdensome and
5equally effective in achieving the purposes of the regulation in a
6manner that ensures full compliance with the authorizing statute
7or other law being implemented or made specific by the proposed
8regulation. In the case of a regulation that would mandate the use
9of specific technologies or equipment or prescribe specific actions
10or procedures, the imposition of performance standards shall be
11considered as an alternative.
12(B) A description of reasonable alternatives to the regulation
13that would lessen any adverse impact on small business and the
14agency’s reasons for rejecting those alternatives.
15(C) Notwithstanding subparagraph (A) or (B), an agency is not
16required to artificially construct alternatives or describe
17unreasonable alternatives.
18(5) (A) Facts, evidence, documents, testimony, or other
19evidence on which the agency relies to support an initial
20determination that the action will not have a significant adverse
21economic impact on business.
22(B) (i) If a proposed regulationbegin delete thatend delete is a building standard
23begin delete impacts housingend delete,
the initial statement of reasons shall include the
24estimated cost of compliance, the estimated potential benefits, and
25the related assumptions used to determine the estimates.
26(ii) The model codes adopted pursuant to Section 18928 of the
27Health and Safety Code shall be exempt from the requirements of
28this subparagraph. However, if an interested party has made a
29request in writing to the agency, at least 30 days before the
30submittal of the initial statement of reasons, to examine a specific
31section for purposes of estimating the cost of compliance and the
32potential benefits for that section, and including the related
33assumptions used to determine the estimates, then the agency shall
34comply with the requirements of this subparagraph with regard to
35that requested section.
36(6) A department, board, or commission within the
37Environmental Protection Agency, the Natural Resources Agency,
38
or the Office of the State Fire Marshal shall describe its efforts, in
39connection with a proposed rulemaking action, to avoid
40unnecessary duplication or conflicts with federal regulations
P7 1contained in the Code of Federal Regulations addressing the same
2issues. These agencies may adopt regulations different from federal
3regulations contained in the Code of Federal Regulations
4addressing the same issues upon a finding of one or more of the
5following justifications:
6(A) The differing state regulations are authorized by law.
7(B) The cost of differing state regulations is justified by the
8benefit to human health, public safety, public welfare, or the
9environment.
10(c) A state agency that adopts or amends a regulation mandated
11by federal law or regulations, the provisions of which are identical
12to a previously adopted or
amended federal regulation, shall be
13deemed to have complied with subdivision (b) if a statement to
14the effect that a federally mandated regulation or amendment to a
15regulation is being proposed, together with a citation to where an
16explanation of the provisions of the regulation can be found, is
17included in the notice of proposed adoption or amendment prepared
18pursuant to Section 11346.5. However, the agency shall comply
19fully with this chapter with respect to any provisions in the
20regulation that the agency proposes to adopt or amend that are
21different from the corresponding provisions of the federal
22regulation.
23(d) This section shall be inoperative from January 1, 2012, until
24January 1, 2014.
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