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