BILL ANALYSIS Ó
AB 1868
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Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW
Cristina Garcia, Chair
AB 1868
(Wagner) - As Introduced February 10, 2016
SUBJECT: Regulations: legislative notice
SUMMARY: Requires state agencies to submit a proposed
regulatory action (proposed action) to the Legislature if the
proposed action includes an economic or cost impact.
EXISTING LAW: Requires public participation opportunities in
the process to adopt regulations, specifying that at least 45
days prior to the hearing and close of the public comment period
on the adoption, amendment, or repeal of a regulation, notice of
the proposed action shall be:
1)Mailed to every person who has filed a request for notice of
proposed actions with a specific agency.
2)Mailed to a representative number of small business
enterprises or other representatives that are likely to be
affected by the proposed actions.
3)At the judgment of the state agency, mailed to any person or
groups that the agency believes to be interested in the
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proposed actions.
4)Published in the California Regulatory Notice Register (CRNR).
FISCAL EFFECT: Unknown
COMMENTS: This bill requires state agencies to submit proposed
actions to the Legislature 45 days prior to the hearing and
close of the public comment period if the proposed actions have
an economic or cost impact. Proposed actions when adopted
become regulations, which state agencies adopt to implement
laws. These regulations, when properly adopted and filed, have
the force of law. Generally, the regulation adoption process is
overseen by the Office of Administrative Law (OAL) and involves
opportunities for public comment.
This bill specifies that the proposed action will be reported in
the manner identified in Government Code section 9795, related
to reports to the Legislature. That section requires the
submission of reports in printed copies to the Secretary of the
Senate, electronic copies to the Chief Clerk of the Assembly and
either electronic or printed copies to the Legislative Counsel.
Currently, individuals with an interest in an area can sign up
to receive proposed actions in one or more programs of the state
agency. Additionally, agencies are required to provide these
documents to representatives of affected groups and publish them
in the CRNR. These notifications target those who have
expressed interest or likely have an interest in proposed
actions in specific areas.
This bill will instead require departments to provide proposed
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actions in various areas to the Legislature, without specifying
how the Legislature would use this information. Additionally,
proposed actions are already required to be published in the
CRNR. The OAL publishes the CRNR on its website weekly and
includes postings of CRNR documents since 2002.
According to the author, "This bill would ensure that the
executive branch is kept in check, as it enforces the laws that
the Legislature creates, and would bring the Legislature into
its proper role of oversight of the executive branch."
As proposed actions are available publicly and mechanisms exist
for those interested in receiving them under current law, it is
unclear what benefit, if any, would be gained by sending
proposed actions to the Legislature in electronic format or in
thousands of pages of paper documents. Moreover, this bill does
not have any requirement directing the Legislature to review or
act on the information.
REGISTERED SUPPORT / OPPOSITION:
Support
Almond Hullers And Processors Association
American Chemistry Council
American Wood Council
Associated Builders And Contractors Of California
Automotive Specialty Products Alliance
Calasian Chamber Of Commerce
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California Apartment Association
California Building Industry Association
California Business Properties Association
California Chamber Of Commerce
California Construction & Industrial Materials Association
California Grain & Feed Association
California Grocers Association
California Manufacturers And Technology Association
Chemical Industry Council Of California
Consumer Specialty Products Association
Family Business Association
Industrial Environmental Association
National Elevator Industry, Inc.
National Federation Of Independent Business
Small Business California
Southwest California Legislative Council
State Farm Mutual Automobile Insurance Company
Western Electrical Contractors Association
Western States Petroleum Association
Western Wood Preservers Institute
Opposition
None on file
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Analysis Prepared by:Scott Herbstman / A. & A.R. / (916)
319-3600