AB 12, as amended, Cooley. State government: administrative regulations: review.
(1) Existing
end deletebegin insertExistingend insert 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,begin delete 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a noticed public hearing, review and revise that agency’s regulations to eliminate any inconsistencies, overlaps, or outdated provisions in the regulations, adopt the revisions as emergency regulations,end deletebegin insert
review that agency’s regulations, identify any regulations that are duplicative, overlapping, inconsistent, or out of date, to revise those identified regulations, as provided,end insert and report to the Legislature and Governor, as specified.begin delete The bill would further require each agency to, on or before January 1, 2017, compile an overview of the statutory law
that agency administers. end delete
(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.
end deleteThis 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.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11349.1.5 of the Government Code is
2amended to read:
(a) The Department of Finance and the office shall
4annually review the standardized regulatory impact analyses
5required by subdivision (c) of Section 11346.3 and submitted to
6the office pursuant to Section 11347.3, for adherence to the
7regulations adopted by the department pursuant to Section
811346.36.
9(b) (1) On or before November 1, 2015, and annually
thereafter,
10the office shall submit to the Senate
Committee on Governmental
11Organization and the Assembly Committee on Accountability and
12Administrative Review a report describing the extent to which
13submitted standardized regulatory impact analyses for proposed
14major regulations for the fiscal year ending in June 30, of that year
15adhere to the regulations adopted pursuant to Section 11346.36.
16The report shall include a discussion of agency adherence to the
17regulations as well as a comparison between various state agencies
18on the question of adherence. The report shall also include any
19recommendations from the
office for actions the Legislature might
20consider for improving state agency performance and compliance
P3 1in the creation of the standardized regulatory impact analyses as
2described in Section 11346.3.
3(2) The report shall be submitted in compliance with Section
49795 of the Government Code.
5(c) In addition to the annual report required by subdivision (b),
6the office
shall notify the Legislature of noncompliance by a state
7agency with the regulations adopted pursuant to Section 11346.36,
8in any manner or form determined by the
office and shall post the
9report and notice of noncompliance on the office’s Internet Web
10site.
Chapter 3.6 (commencing with Section 11366)
13is added to Part 1 of Division 3 of Title 2 of the Government Code,
14to read:
15
The Legislature finds and declares all of the following:
21(a) The Administrative Procedure Act (Chapter 3.5 (commencing
22with Section 11340), Chapter 4 (commencing with Section 11370),
23Chapter 4.5 (commencing with Section 11400), and Chapter 5
24(commencing with Section 11500)) requires agencies and the
25Office of Administrative Law to review regulations to ensure their
26consistency with law and to consider impacts on the state’s
27economy and businesses, including small businesses.
28(b) However, the act does not require agencies to individually
29review their regulations to identify overlapping, inconsistent,
30duplicative, or out-of-date
regulations that may exist.
31(c) At a time when the state’s economy is slowly recovering,
32unemployment and underemployment continue to affect all
33Californians, especially older workers and younger workers who
34received college degrees in the last seven years but are still awaiting
35their first great job, and with state government improving but in
36need of continued fiscal discipline, it is important that state
37agencies systematically undertake to identify, publicly review, and
38eliminate overlapping, inconsistent, duplicative, or out-of-date
39regulations, both to ensure they more efficiently implement and
P4 1enforce laws and to reduce unnecessary and outdated rules and
2regulations.
3(d) The purpose of this chapter is to require each agency to
4compile an overview of the statutory law that agency oversees or
5administers in its regulatory activity that includes a synopsis of
6key programs, when each key program was authorized
or instituted,
7and any emerging challenges the agency is encountering with
8respect to those programs.
9
For thebegin delete purposeend deletebegin insert purposesend insert of this chapter, the following
13definitions shall apply:
14(a) “State agency” means a state agency, as defined in Section
1511000, except those state agencies or activities described in Section
1611340.9.
17(b) “Regulation” has the same meaning as provided in Section
1811342.600.
19
On or before January 1, 2018, each state agency shall
23do all of the following:
24(a) Review all provisions of the California Code of Regulations
25applicable to, or adopted by, that state agency.
26(b) Identify any regulations that are duplicative, overlapping,
27inconsistent, or out of date.
28(c) Adopt, amend, or repeal regulations to reconcile or eliminate
29any duplication, overlap, inconsistencies, or out-of-datebegin delete provisions.end delete
30begin insert
provisions, and shall comply with the process specified in Article
315 (commencing with Section 11346) of Chapter 3.5, unless the
32addition, revision, or deletion is without regulatory effect and may
33be done pursuant to Section 100 of Title 1 of the California Code
34of Regulations.end insert
35(d) Hold at least one noticed public hearing, that shall be noticed
36on the Internet Web site of the state agency, for the purposes of
37accepting public comment on proposed revisions to its regulations.
38(e) Notify the appropriate policy and fiscal committees of each
39house of the Legislature of the revisions to regulations that the
40state agency proposes to make at begin deleteleast 90 days prior to a noticed
P5 1public hearing pursuant to subdivision (d) and at least 90 days
2prior to the proposed adoption, amendment, or repeal of the
3regulations pursuant to subdivision (f), for the purpose of allowing
4those committees to review, and hold hearings on, the proposed
5revisions to the regulations.end delete
begin delete6(f) Adopt as emergency regulations, consistent with Section
711346.1, those changes, as provided for in subdivision (c), to a
8regulation identified by the state agency as duplicative,
9overlapping, inconsistent, or out of date.
end delete
10initiating the process under Article 5 (commencing with Section
1111346) of Chapter 3.5 or Section 100 of Title 1 of the California
12Code of Regulations.end insert
13(g) (1) Report to the Governor and the Legislature on the state
14
agency’s compliance with this chapter, including the number and
15content of regulations the state agency identifies as duplicative,
16overlapping, inconsistent, or out of date, and the state agency’s
17actions to address those regulations.
18(2) The report shall be submitted in compliance with Section
199795 of the Government Code.
(a) On or before January 1, 2018, each agency listed
21in Section 12800 shall notify a department, board, or other unit
22within that agency of any existing regulations adopted by that
23department, board, or other unit that the agency has determined
24may be duplicative, overlapping, or inconsistent with a regulation
25adopted by another department, board, or other unit within that
26agency.
27(b) A department, board, or other unit within an agency shall
28notify that agency of revisions to regulations that it proposes to
29make at least 90 days prior to a noticed public hearing pursuant to
30subdivision (d) of Section 11366.2 and at least 90 days prior to
31adoption, amendment, or
repeal of the regulations pursuant to
32begin delete subdivision (f) ofend deletebegin insert subdivision (c) ofend insert Section 11366.2. The agency
33shall review the proposed regulations and make recommendations
34to the department, board, or other unit within 30 days of receiving
35the notification regarding any duplicative, overlapping, or
36inconsistent regulation of another department, board, or other unit
37within the agency.
An agency listed in Section 12800 shall notify a state
39agency of any existing regulations adopted by that agency that
P6 1may duplicate, overlap, or be inconsistent with the state agency’s
2regulations.
On or before January 1, 2017, each state agency
4shall compile an overview of the statutory law that state agency
5oversees or administers. The overview shall include a synopsis of
6the state agency’s key programs, when each program was
7authorized or instituted, when any statute authorizing a program
8was significantly revised to alter, redirect, or extend the original
9program and the reason for the revision, if known, and an
10identification of any emerging challenges the state agency is
11encountering with respect to the programs.
This chapter shall not be construed to weaken or
13undermine in any manner any human health, public or worker
14rights, public welfare, environmental, or other protection
15established under statute. This chapter shall not be construed to
16affect the authority or requirement for an agency to adopt
17regulations as provided by statute. Rather, it is the intent of the
18Legislature to ensure that state agencies focus more efficiently and
19directly on their duties as prescribed by law so as to use scarce
20public dollars more efficiently to implement the law, while
21achieving equal or improved economic and public benefits.
22
This chapter shall remain in effect only until January
261, 2019, and as of that date is repealed, unless a later enacted
27statute, that is enacted before January 1, 2019, deletes or extends
28that date.
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