Amended in Senate April 8, 2013

Senate Bill No. 401

Introduced by Senator begin delete Rubio end delete begin insert Hueso end insert

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(Principal coauthor: Assembly Member Salas)

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February 20, 2013

An act to amend Section begin delete 100.5 of the Elections Code, relating to elections. end delete begin insert 11346.2 of the Government Code, relating to administrative regulations. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 401, as amended, begin delete Rubio end delete   begin insert Hueso end insert . begin delete Ballot measure petitions and papers: signatures. end delete begin insert Administrative practices. end insert

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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.

end insert begin insert

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.

end insert begin delete

Under existing law, whenever an initiative, referendum, recall, or nominating petition or paper, or any other petition or paper, is required to be signed by voters of a county, city, school district, or special district, a voter signing the petition or paper must personally affix his or her signature, printed name, and place of residence on the petition or paper. However, if the voter is unable to personally affix that information, existing law permits another person to print the voter’s name and place of residence on the petition or paper, but the voter must personally affix his or her mark or signature on the petition or paper, which must be witnessed by one person who subscribes his or her name on the petition or paper.

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This bill would delete the requirement that the voter be unable to personally affix his or her information in order to request that another person print the voter’s name and place of residence on the petition or paper. This bill would also delete the requirement that a witness subscribe his or her name on the petition or paper and would instead require the person who assists the voter in completing the petition or paper to sign and date the petition or paper below the signature of the voter.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 11346.2 of the end insert begin insert Government Code end insert begin insert , as
amended by Section 1.5 of Chapter 766 of the Statutes of 2012, is
amended to read: end insert

11346.2.  

Every agency subject to this chapter shall prepare,
submit to the office with the notice of the proposed action as
described in Section 11346.5, and make available to the public
upon request, all of the following:

(a) A copy of the express terms of the proposed regulation.

(1) The agency shall draft the regulation in plain, straightforward
language, avoiding technical terms as much as possible, and using
a coherent and easily readable style. The agency shall draft the
regulation in plain English.

(2) The agency shall include a notation following the express
terms of each California Code of Regulations section, listing the
specific statutes or other provisions of law authorizing the adoption
of the regulation and listing the specific statutes or other provisions
of law being implemented, interpreted, or made specific by that
section in the California Code of Regulations.

(3) The agency shall use underline or italics to indicate additions
to, and strikeout to indicate deletions from, the California Code
of Regulations.

(b) An initial statement of reasons for proposing the adoption,
amendment, or repeal of a regulation. This statement of reasons
shall include, but not be limited to, all of the following:

(1) A statement of the specific purpose of each adoption,
amendment, or repeal, the problem the agency intends to address,
and the rationale for the determination by the agency that each
adoption, amendment, or repeal is reasonably necessary to carry
out the purpose and address the problem for which it is proposed.
The statement shall enumerate the benefits anticipated from the
regulatory action, including the benefits or goals provided in the
authorizing statute. The benefits may include, to the extent
applicable, nonmonetary benefits such as the protection of public
health and safety, worker safety, or the environment, the prevention
of discrimination, the promotion of fairness or social equity, and
the increase in openness and transparency in business and
government, among other things.

(2) For a major regulation proposed on or after November 1,
2013, the standardized regulatory impact analysis required by
Section 11346.3.

(3) An identification of each technical, theoretical, and empirical
study, report, or similar document, if any, upon which the agency
relies in proposing the adoption, amendment, or repeal of a
regulation.

(4) Where the adoption or amendment of a regulation would
mandate the use of specific technologies or equipment, a statement
of the reasons why the agency believes these mandates or
prescriptive standards are required.

(5) (A) A description of reasonable alternatives to the regulation
and the agency’s reasons for rejecting those alternatives.
Reasonable alternatives to be considered include, but are not
limited to, alternatives that are proposed as less burdensome and
equally effective in achieving the purposes of the regulation in a
manner that ensures full compliance with the authorizing statute
or other law being implemented or made specific by the proposed
regulation. In the case of a regulation that would mandate the use
of specific technologies or equipment or prescribe specific actions
or procedures, the imposition of performance standards shall be
considered as an alternative.

(B) A description of reasonable alternatives to the regulation
that would lessen any adverse impact on small business and the
agency’s reasons for rejecting those alternatives.

(C) Notwithstanding subparagraph (A) or (B), an agency is not
required to artificially construct alternatives or describe
unreasonable alternatives.

(6) (A) Facts, evidence, documents, testimony, or other
evidence on which the agency relies to support an initial
determination that the action will not have a significant adverse
economic impact on business.

(B) (i) If a proposed regulation begin delete that end delete is a building begin delete standard
impacts housing, end delete begin insert standard, end insert the initial statement of reasons shall
include the estimated cost of compliance, the estimated potential
benefits, and the related assumptions used to determine the
estimates.

(ii) The model codes adopted pursuant to Section 18928 of the
Health and Safety Code shall be exempt from the requirements of
this subparagraph. However, if an interested party has made a
request in writing to the agency, at least 30 days before the
submittal of the initial statement of reasons, to examine a specific
section for purposes of estimating the cost of compliance and the
potential benefits for that section, and including the related
assumptions used to determine the estimates, then the agency shall
comply with the requirements of this subparagraph with regard to
that requested section.

(7) A department, board, or commission within the California
Environmental Protection Agency, the Natural Resources Agency,
or the Office of the State Fire Marshal shall describe its efforts, in
connection with a proposed rulemaking action, to avoid
unnecessary duplication or conflicts with federal regulations
contained in the Code of Federal Regulations addressing the same
issues. These agencies may adopt regulations different from federal
regulations contained in the Code of Federal Regulations
addressing the same issues upon a finding of one or more of the
following justifications:

(A) The differing state regulations are authorized by law.

(B) The cost of differing state regulations is justified by the
benefit to human health, public safety, public welfare, or the
environment.

(c) A state agency that adopts or amends a regulation mandated
by federal law or regulations, the provisions of which are identical
to a previously adopted or amended federal regulation, shall be
deemed to have complied with subdivision (b) if a statement to
the effect that a federally mandated regulation or amendment to a
regulation is being proposed, together with a citation to where an
explanation of the provisions of the regulation can be found, is
included in the notice of proposed adoption or amendment prepared
pursuant to Section 11346.5. However, the agency shall comply
fully with this chapter with respect to any provisions in the
regulation that the agency proposes to adopt or amend that are
different from the corresponding provisions of the federal
regulation.

(d) This section shall become operative on January 1, 2012.

(e) This section shall remain in effect only until January 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2014, deletes or extends that date.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 11346.2 of the end insert begin insert Government Code end insert begin insert , as amended
by Section 2 of Chapter 471 of the Statutes of 2012, is amended
to read: end insert

11346.2.  

Every agency subject to this chapter shall prepare,
submit to the office with the notice of the proposed action as
described in Section 11346.5, and make available to the public
upon request, all of the following:

(a) A copy of the express terms of the proposed regulation.

(1) The agency shall draft the regulation in plain, straightforward
language, avoiding technical terms as much as possible, and using
a coherent and easily readable style. The agency shall draft the
regulation in plain English.

(2) The agency shall include a notation following the express
terms of each California Code of Regulations section, listing the
specific statutes or other provisions of law authorizing the adoption
of the regulation and listing the specific statutes or other provisions
of law being implemented, interpreted, or made specific by that
section in the California Code of Regulations.

(3) The agency shall use underline or italics to indicate additions
to, and strikeout to indicate deletions from, the California Code
of Regulations.

(b) An initial statement of reasons for proposing the adoption,
amendment, or repeal of a regulation. This statement of reasons
shall include, but not be limited to, all of the following:

(1) A statement of the specific purpose of each adoption,
amendment, or repeal, the problem the agency intends to address,
and the rationale for the determination by the agency that each
adoption, amendment, or repeal is reasonably necessary to carry
out the purpose and address the problem for which it is proposed.
The statement shall enumerate the benefits anticipated from the
regulatory action, including the benefits or goals provided in the
authorizing statute. These benefits may include, to the extent
applicable, nonmonetary benefits such as the protection of public
health and safety, worker safety, or the environment, the prevention
of discrimination, the promotion of fairness or social equity, and
the increase in openness and transparency in business and
government, among other things. Where the adoption or
amendment of a regulation would mandate the use of specific
technologies or equipment, a statement of the reasons why the
agency believes these mandates or prescriptive standards are
required.

(2) For a major regulation proposed on or after November 1,
2013, the standardized regulatory impact analysis required by
Section 11346.3.

(3) An identification of each technical, theoretical, and empirical
study, report, or similar document, if any, upon which the agency
relies in proposing the adoption, amendment, or repeal of a
regulation.

(4) (A) A description of reasonable alternatives to the regulation
and the agency’s reasons for rejecting those alternatives.
Reasonable alternatives to be considered include, but are not
limited to, alternatives that are proposed as less burdensome and
equally effective in achieving the purposes of the regulation in a
manner that ensures full compliance with the authorizing statute
or other law being implemented or made specific by the proposed
regulation. In the case of a regulation that would mandate the use
of specific technologies or equipment or prescribe specific actions
or procedures, the imposition of performance standards shall be
considered as an alternative.

(B) A description of reasonable alternatives to the regulation
that would lessen any adverse impact on small business and the
agency’s reasons for rejecting those alternatives.

(C) Notwithstanding subparagraph (A) or (B), an agency is not
required to artificially construct alternatives or describe
unreasonable alternatives.

(5) (A) Facts, evidence, documents, testimony, or other
evidence on which the agency relies to support an initial
determination that the action will not have a significant adverse
economic impact on business.

(B) (i) If a proposed regulation begin delete that end delete is a building begin delete standard
impacts housing, end delete begin insert standard, end insert the initial statement of reasons shall
include the estimated cost of compliance, the estimated potential
benefits, and the related assumptions used to determine the
estimates.

(ii) The model codes adopted pursuant to Section 18928 of the
Health and Safety Code shall be exempt from the requirements of
this subparagraph. However, if an interested party has made a
request in writing to the agency, at least 30 days before the
submittal of the initial statement of reasons, to examine a specific
section for purposes of estimating the cost of compliance and the
potential benefits for that section, and including the related
assumptions used to determine the estimates, then the agency shall
comply with the requirements of this subparagraph with regard to
that requested section.

(6) A department, board, or commission within the
Environmental Protection Agency, the Natural Resources Agency,
or the Office of the State Fire Marshal shall describe its efforts, in
connection with a proposed rulemaking action, to avoid
unnecessary duplication or conflicts with federal regulations
contained in the Code of Federal Regulations addressing the same
issues. These agencies may adopt regulations different from federal
regulations contained in the Code of Federal Regulations
addressing the same issues upon a finding of one or more of the
following justifications:

(A) The differing state regulations are authorized by law.

(B) The cost of differing state regulations is justified by the
benefit to human health, public safety, public welfare, or the
environment.

(c) A state agency that adopts or amends a regulation mandated
by federal law or regulations, the provisions of which are identical
to a previously adopted or amended federal regulation, shall be
deemed to have complied with subdivision (b) if a statement to
the effect that a federally mandated regulation or amendment to a
regulation is being proposed, together with a citation to where an
explanation of the provisions of the regulation can be found, is
included in the notice of proposed adoption or amendment prepared
pursuant to Section 11346.5. However, the agency shall comply
fully with this chapter with respect to any provisions in the
regulation that the agency proposes to adopt or amend that are
different from the corresponding provisions of the federal
regulation.

(d) This section shall be inoperative from January 1, 2012, until
January 1, 2014.

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SECTION 1.  

Section 100.5 of the Elections Code is amended
to read:

100.5.  

Notwithstanding Section 100, a voter may request
another person to print the voter’s name and place of residence on
the appropriate spaces of the petition or paper, but the voter shall
personally affix his or her mark or signature on the appropriate
space of the petition or paper. A person who assists the voter in
printing the voter’s name or place of residence on the petition or
paper shall sign and date the petition or paper below the signature
of the voter.

end delete