AB 1868, as introduced, Wagner. Regulations: legislative notice.
Existing law, the Administrative Procedure Act, 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. Existing law requires an agency to mail a notice of proposed action to specified entities at least 45 days prior to the hearing and close of the public comment period on the adoption, amendment, or repeal of a regulation.
This bill would require that the notice of proposed action also be submitted to the Legislature if it includes particular information relating to economic and cost impacts of the regulation on businesses and private persons.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11346.4 of the Government Code is
2amended to read:
(a) At least 45 days prior to the hearing and close of
2the public comment period on the adoption, amendment, or repeal
3of a regulation, notice of the proposed action shall be:
4(1) Mailed to every person who has filed a request for notice of
5regulatory actions with the state agency. Each state agency shall
6give a person filing a request for notice of regulatory actions the
7option of being notified of all proposed regulatory actions or being
8notified of regulatory actions concerning one or more particular
9programs of the state agency.
10(2) In cases in which the state agency is within a state
11department, mailed or delivered to the director of the department.
12(3) Mailed to a representative number of small business
13enterprises or their representatives that are likely to be affected by
14the proposed action. “Representative” for the purposes of this
15paragraph includes, but is not limited to, a trade association,
16industry association, professional association, or any other business
17group or association of any kind that represents a business
18enterprise or employees of a business enterprise.
19(4) When appropriate in the judgment of the state agency, mailed
20to any person or group of persons whom the agency believes to
21be interested in the proposed action and published in the form and
22manner as the state agency shall prescribe.
23(5) Published in the California Regulatory Notice Register as
24prepared by the office for each state agency’s notice of regulatory
25action.
26(6) Posted on the state agency’sbegin delete websiteend deletebegin insert
Internet Web siteend insert if the
27agency hasbegin delete a websiteend deletebegin insert an Internet Web siteend insert.
28(7) Submitted to the Legislature, in the manner prescribed by
29Section 9795, if the notice of proposed action includes an economic
30impact, cost impact, statement, or finding described by paragraph
31(7), (9), (10), or (11) of subdivision (a) of Section 11346.5.
32(b) The effective period of a notice issued pursuant to this
33section shall not exceed one year from the date thereof.
If the
34adoption, amendment, or repeal of a regulation proposed in the
35notice is not completed and transmitted to the office within the
36period of one year, a notice of the proposed action shall again be
37issued pursuant to this article.
38(c) Once the adoption, amendment, or repeal is completed and
39approved by the office, no further adoption, amendment, or repeal
P3 1to the noticed regulation shall be made without subsequent notice
2being given.
3(d) The office may refuse to publish a notice submitted to it if
4the agency has failed to comply with this article.
5(e) The office shall make the California Regulatory Notice
6Register available to the public and state agencies at a nominal
7cost that is consistent with a policy of encouraging the widest
8possible notice distribution to interested persons.
9(f) Where the form or manner of notice is prescribed by statute
10in any particular case, in addition to filing and mailing notice as
11required by this section, the notice shall be published, posted,
12mailed, filed, or otherwise publicized as prescribed by that statute.
13The failure to mail notice to any person as provided in this section
14shall not invalidate any action taken by a state agency pursuant to
15this article.
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