California Legislature—2015–16 Regular Session

Assembly BillNo. 12

Introduced by Assembly Member Cooley

December 1, 2014

An act to amend Section 11349.1.5 of, and to add and repeal Chapter 3.6 (commencing with Section 11366) of Part 1 of Division 3 of Title 2 of, the Government Code, relating to state agency regulations.


AB 12, as introduced, Cooley. State government: administrative regulations: review.

(1) Existing law authorizes various state entities to adopt, amend, or repeal regulations for various specified purposes. The Administrative Procedure Act requires the Office of Administrative Law and a state agency proposing to adopt, amend, or repeal a regulation to review the proposed changes for, among other things, consistency with existing state regulations.

This bill would, until January 1, 2019, require each state agency to, on or before January 1, 2018, and after a noticed public hearing, review and revise that agency’s regulations to eliminate any inconsistencies, overlaps, or outdated provisions in the regulations, adopt the revisions as emergency regulations, and report to the Legislature and Governor, as specified. The bill would further require each agency to, on or before January 1, 2017, compile an overview of the statutory law that agency administers.

(2) The act requires a state agency proposing to adopt, amend, or repeal a major regulation, as defined, to prepare a standardized regulatory impact analysis of the proposed change. The act requires the office and the Department of Finance to, from time to time, review the analyses for compliance with specific department regulations. The act further requires the office to, on or before November 1, 2015, submit a report on the analyses to the Senate and Assembly Committees on Governmental Organization, as specified.

This bill would instead require the office and department to annually review the analyses. The bill would also require the office to annually submit a report on the analyses to the Senate Committee on Governmental Organization and the Assembly Committee on Accountability and Administrative Review.

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

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

P2    1


Section 11349.1.5 of the Government Code is
2amended to read:



(a) The Department of Finance and the officebegin delete shall,
4from time to time,end delete
begin insert shall annuallyend insert review the standardized
5regulatory impact analyses required by subdivision (c) of Section
611346.3 and submitted to the office pursuant to Section 11347.3,
7for adherence to the regulations adopted by the department pursuant
8to Section 11346.36.

9(b)begin insert (1)end insert On or before November 1, 2015,begin insert and annually thereafter,end insert
10 the office shall submit to the Senatebegin delete and Assembly Committeesend delete
11begin insert Committeeend insert on Governmental Organizationbegin insert and the Assembly
12Committee on Accountability and Administrative Reviewend insert
a report
13describing the extent to which submitted standardized regulatory
14impact analyses for proposed major regulationsbegin insert for the fiscal year
15ending in June 30, of that yearend insert
adhere to the regulations adopted
16pursuant to Section 11346.36. The report shall include a discussion
17of agency adherence to the regulations as well as a comparison
18between various state agencies on the question of adherence. The
19reportbegin delete mayend deletebegin insert shallend insert also include any recommendations from the office
20for actions the Legislature might consider for improving state
21agencybegin delete performance.end deletebegin insert performance and compliance in the creation
22of the standardized regulatory impact analyses as described in
23Section 11346.3.end insert

begin insert

24(2) The report shall be submitted in compliance with Section
259795 of the Government Code.

end insert

P3    1(c) In addition to thebegin insert annualend insert report required by subdivision (b),
2the officebegin delete mayend deletebegin insert shallend insert notify the Legislature of noncompliance by a
3state agency with the regulations adopted pursuant to Section
411346.36, in any manner or form determined by thebegin delete office.end deletebegin insert office
5and shall post the report and notice of noncompliance on the
6office’s Internet Web site.end insert


SEC. 2.  

Chapter 3.6 (commencing with Section 11366) is added
8to Part 1 of Division 3 of Title 2 of the Government Code, to read:


10Chapter  3.6. Regulatory Reform


12Article 1.  Findings and Declarations




The Legislature finds and declares all of the following:

15(a) The Administrative Procedure Act (Chapter 3.5 (commencing
16with Section 11340), Chapter 4 (commencing with Section 11370),
17Chapter 4.5 (commencing with Section 11400), and Chapter 5
18(commencing with Section 11500)) requires agencies and the
19Office of Administrative Law to review regulations to ensure their
20consistency with law and to consider impacts on the state’s
21economy and businesses, including small businesses.

22(b) However, the act does not require agencies to individually
23review their regulations to identify overlapping, inconsistent,
24duplicative, or out-of-date regulations that may exist.

25(c) At a time when the state’s economy is slowly recovering,
26unemployment and underemployment continue to affect all
27Californians, especially older workers and younger workers who
28received college degrees in the last seven years but are still awaiting
29their first great job, and with state government improving but in
30need of continued fiscal discipline, it is important that state
31agencies systematically undertake to identify, publicly review, and
32eliminate overlapping, inconsistent, duplicative, or out-of-date
33regulations, both to ensure they more efficiently implement and
34enforce laws and to reduce unnecessary and outdated rules and

36(d) The purpose of this chapter is to require each agency to
37compile an overview of the statutory law that agency oversees or
38administers in its regulatory activity that includes a synopsis of
39key programs, when each key program was authorized or instituted,
P4    1and any emerging challenges the agency is encountering with
2respect to those programs.


4Article 2.  Definitions




For the purpose of this chapter, the following
7definitions shall apply:

8(a) “State agency” means a state agency, as defined in Section
911000, except those state agencies or activities described in Section

11(b) “Regulation” has the same meaning as provided in Section


14Article 3.  State Agency Duties




On or before January 1, 2018, each state agency shall
17do all of the following:

18(a) Review all provisions of the California Code of Regulations
19applicable to, or adopted by, that state agency.

20(b) Identify any regulations that are duplicative, overlapping,
21inconsistent, or out of date.

22(c) Adopt, amend, or repeal regulations to reconcile or eliminate
23any duplication, overlap, inconsistencies, or out-of-date provisions.

24(d) Hold at least one noticed public hearing, that shall be noticed
25on the Internet Web site of the state agency, for the purposes of
26accepting public comment on proposed revisions to its regulations.

27(e) Notify the appropriate policy and fiscal committees of each
28house of the Legislature of the revisions to regulations that the
29state agency proposes to make at least 90 days prior to a noticed
30public hearing pursuant to subdivision (d) and at least 90 days
31prior to the proposed adoption, amendment, or repeal of the
32regulations pursuant to subdivision (f), for the purpose of allowing
33those committees to review, and hold hearings on, the proposed
34revisions to the regulations.

35(f) Adopt as emergency regulations, consistent with Section
3611346.1, those changes, as provided for in subdivision (c), to a
37regulation identified by the state agency as duplicative,
38overlapping, inconsistent, or out of date.

39(g) (1) Report to the Governor and the Legislature on the state
40 agency’s compliance with this chapter, including the number and
P5    1content of regulations the state agency identifies as duplicative,
2overlapping, inconsistent, or out of date, and the state agency’s
3actions to address those regulations.

4(2) The report shall be submitted in compliance with Section
59795 of the Government Code.



(a) On or before January 1, 2018, each agency listed
7in Section 12800 shall notify a department, board, or other unit
8within that agency of any existing regulations adopted by that
9department, board, or other unit that the agency has determined
10may be duplicative, overlapping, or inconsistent with a regulation
11adopted by another department, board, or other unit within that

13(b) A department, board, or other unit within an agency shall
14notify that agency of revisions to regulations that it proposes to
15make at least 90 days prior to a noticed public hearing pursuant to
16subdivision (d) of Section 11366.2 and at least 90 days prior to
17adoption, amendment, or repeal of the regulations pursuant to
18subdivision (f) of Section 11366.2. The agency shall review the
19proposed regulations and make recommendations to the
20department, board, or other unit within 30 days of receiving the
21notification regarding any duplicative, overlapping, or inconsistent
22regulation of another department, board, or other unit within the



An agency listed in Section 12800 shall notify a state
25agency of any existing regulations adopted by that agency that
26may duplicate, overlap, or be inconsistent with the state agency’s



On or before January 1, 2017, each state agency
29shall compile an overview of the statutory law that state agency
30oversees or administers. The overview shall include a synopsis of
31the state agency’s key programs, when each program was
32authorized or instituted, when any statute authorizing a program
33was significantly revised to alter, redirect, or extend the original
34program and the reason for the revision, if known, and an
35identification of any emerging challenges the state agency is
36encountering with respect to the programs.



This chapter shall not be construed to weaken or
38undermine in any manner any human health, public or worker
39rights, public welfare, environmental, or other protection
40established under statute. This chapter shall not be construed to
P6    1affect the authority or requirement for an agency to adopt
2regulations as provided by statute. Rather, it is the intent of the
3Legislature to ensure that state agencies focus more efficiently and
4directly on their duties as prescribed by law so as to use scarce
5public dollars more efficiently to implement the law, while
6achieving equal or improved economic and public benefits.


8Article 4.  Chapter Repeal




This chapter shall remain in effect only until January
111, 2019, and as of that date is repealed, unless a later enacted
12statute, that is enacted before January 1, 2019, deletes or extends
13that date.