Amended in Senate May 28, 2013

Amended in Senate April 24, 2013

Senate Bill No. 176

Introduced by Senator Galgiani

(Coauthors: Senators Cannella and Correa)

February 6, 2013

An act to begin delete add Sections 11346.46 and 11346.47 to end delete begin insert amend Section 11346.45 of end insert the Government Code, relating to administrative procedures.

LEGISLATIVE COUNSEL’S DIGEST

SB 176, as amended, Galgiani. Administrative procedures.

Existing law 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, including procedures relating to increased public participation in the adoption, amendment, and repeal of these regulations. begin insert Existing law specifically requires a state agency proposing to adopt regulations, prior to publication of a notice of proposed adoption, amendment, or repeal of a regulation, to involve parties who would be subject to the proposed regulations in public discussions regarding those proposed regulations, when the proposed regulations involve complex proposals or a large number of proposals that cannot easily be reviewed during the comment period. end insert

begin delete

This bill would, in order to increase public participation and improve the quality of regulations, require state agencies, boards, and commissions to submit a notice prior to any meeting date or report, provided the meeting or report is seeking public input, as described. The bill would additionally require state agencies, boards, and commissions to submit specified notices to the Office of Administrative Law, for publication in the California Regulatory Notice Register.

end delete begin insert

This bill would expand that public discussion requirement to require a state agency proposing to adopt regulations, prior to publication of a notice of proposed adoption, amendment, or repeal of a regulation, to involve parties that would be subject to the proposed regulations in public discussions regarding those proposed regulations, without regard to the complexity or number of proposals.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 11346.45 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

11346.45.  

(a) In order to increase public participation and
improve the quality of regulations, begin delete state agencies end delete begin insert a state agency end insert
proposing to adopt begin delete regulations shall, end delete begin insert regulations, end insert prior to
publication of the notice required by Section 11346.5, begin insert shall end insert involve
parties begin delete who end delete begin insert that end insert would be subject to the proposed regulations in
public discussions regarding those proposed begin delete regulations, when the
proposed regulations involve complex proposals or a large number
of proposals that cannot easily be reviewed during the comment
period end delete begin insert regulations end insert .

(b) This section does not apply to a state agency in any instance
where that state agency is required to implement federal law and
regulations for which there is little or no discretion on the part of
the state to vary.

(c) If the agency does not or cannot comply with begin delete the provisions
of end delete subdivision (a), it shall state the reasons for noncompliance with
reasonable specificity in the rulemaking record.

(d) The provisions of this section shall not be subject to judicial
review or to begin delete the provisions of end delete Section 11349.1.

begin delete

SECTION 1.  

Section 11346.46 is added to the Government
Code, to read:

11346.46.  

(a) In order to increase public participation in the
regulation development process and improve the quality of
regulations, state agencies, boards, and commissions shall submit
a notice in the California Regulatory Notice Register. The notice
shall appear in the California Regulatory Notice Register at least
15 days prior to any meeting date or report, provided the meeting
or report is seeking public input.

(b) For purposes of this section, meetings and reports seeking
public input include, but are not limited to, the following formal,
official, or organized:

(1) Informational hearings.

(2) Workshops.

(3) Scoping hearings.

(4) Preliminary meetings.

(5) Public and stakeholder outreach meetings.

SEC. 2.  

Section 11346.47 is added to the Government Code,
to read:

11346.47.  

State agencies, boards, and commissions shall submit
a notice to the Office of Administrative Law for publication in the
California Regulatory Notice Register, upon issuance or publication
of the following:

(a) Any notice required by either subdivision (c) of Section
11346.8, commonly known as 15-day comment period notice, or
subdivision (b) of Section 11347.1.

(b) Any Internet Web site link to informational reports prepared
for public review that have been posted on the agency, board, or
commission Internet Web site in connection with proposed
regulations.

end delete