BILL ANALYSIS
AB 1822
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Date of Hearing: May 3, 2000
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Carole Migden, Chairwoman
AB 1822 (Wayne) - As Amended: April 25, 2000
Policy Committee: Consumer
Protection Vote: 8-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill makes numerous changes to the Administrative
Procedures Act regarding the state rulemaking process,
including:
1)Allowing the use of electronic communications to deliver and
publish rulemaking documents.
2)Authorizing state agencies to consult with interested parties
prior to commencing a regulatory action.
3)Modifying numerous provisions relating to rulemaking
procedures and to the content and availability of the
rulemaking file.
4)Creating exceptions to rulemaking requirements when state
agency staff, in performing an examination, inspection,
investigation or audit, establishment of criteria or
guidelines.
5)Modifying provisions relating to the requirement that a state
agency demonstrate the necessity of a proposed regulation.
6)Extending the time period that emergency regulations are valid
from 120 days to 180 days and require 30 working days before
they may be made permanent.
7)Expanding judicial review to include an order of repeal of a
regulation as well as the establishment of the regulation, as
specified.
AB 1822
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FISCAL EFFECT
Potential minor savings to state agencies to the extent that the
above changes make the regulatory process more clear and
efficient.
COMMENTS
1)Purpose . According to the sponsor-the California Law Revision
Commission (CLRC)-this bill is the product of a lengthy study
that they conducted at the direction of the Legislature. The
CLRC worked with state agencies and representatives of the
private sector to develop the proposals in the bill, which are
intended to meet three major objectives: a) adding useful
provisions reflecting the increase of e-mail and Internet
communication, b) resolving existing ambiguities to clarify
the regulatory process, and c) ratifying existing common-sense
Administrative Procedure Act provisions.
2)Related Legislation . AB 2439 (Wright), which is also on
today's committee agenda, includes more extensive
modifications to the Administrative Procedures Act.
Analysis Prepared by : Chuck Nicol / APPR. / (916)319-2081