BILL ANALYSIS Ó AB 1868 Page 1 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 AB 1868 Page 2 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 AB 1868 Page 3 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 AB 1868 Page 4 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 AB 1868 Page 5 Analysis Prepared by:Scott Herbstman / A. & A.R. / (916) 319-3600