BILL ANALYSIS
Bill No: AB
1822
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Don Perata, Chair
1999-2000 Regular Session
Staff Analysis
AB 1822 Author: Wayne
As Amended: June 7, 2000
Hearing Date: June 13, 2000
Consultant: Steve Hardy
SUBJECT
Administrative Procedures Act
DESCRIPTION
AB 1822 would modify the Administrative Procedures Act to
clarify state rulemaking provisions. Among the bills
provisions are the following:
1. Allows for the use of electronic communications to
deliver and publish rulemaking documents and notice
statements, so long as electronic communication is not
the only means used to publish or distribute the
information.
2. Authorizes state agencies to consult with interested
parties prior to the commencement of a regulatory action.
3. Modifies numerous provisions relating to rulemaking
procedures, including the specification of findings, use
of plain English, necessity of requiring oral testimony,
and the handling of repetitive or irrelevant comments, as
defined and specified.
4. Modifies provisions relating to the content and
availability of the rulemaking file, as well as ensuring
that certain rulemaking requirements apply to the
proposed repeal of a regulation in addition to the
adoption or amendment of a regulation.
AB 1822(Wayne) continued
Page 2
5. Creates exceptions to rulemaking requirements for the
establishment of criteria or guidelines used by state
agency staff in performing an examination, inspection,
investigation or audit, among other situations, as
specified.
6. Modifies provisions relating to the requirement that a
state agency demonstrate the necessity of a proposed
regulation, as described.
7. Expands judicial review to include an order of repeal
of a regulation as well as the establishment of the
regulation, as specified.
8. Requires state agencies to notify the Office of
Administrative Law (OAL) as stated, when they choose not
to proceed with a proposed action.
9. Changes the name of the California Regulatory Code
Supplement to the California Code of Regulations
Supplement.
10. Modifies the format required for submission of State
Water Resources Control Board policies, plans, and
guidelines to OAL, as specified.
11. Modifies the definition of selected terms used in the
regulatory process as specified.
12. Makes numerous other technical, clarifying and
coinciding changes.
RELATED LEGISLATION
AB 2439 (Wright) 1999-2000 Session. Extensively amends the
Administrative Procedures Act and makes other changes
intended to assist small businesses. (Pending before
Assembly Appropriations)
EXISTING LAW
Existing law under the Administrative Procedures Act,
details the requirement's that regulations must adhere to
prior to their adoption. These requirements include public
comment periods on proposed regulations, review periods,
AB 1822(Wayne) continued
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publication requirements, and implementation procedures.
OAL is the state government entity that oversees the
adoption of proposed regulations.
BACKGROUND
The author is carrying this measure on behalf of the
California Law Revision Commission (CLRC). According to
the CLRC, AB 1822 is the product of a lengthy study
(October 1999 Report) conducted by the CLRC, 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. These proposals are
intended to meet three major objectives: a) adding useful
provisions reflecting the increase (but not exclusively) of
e-mail and Internet communication, b) resolving existing
ambiguities to clarify the regulatory process, and c)
ratifying existing common-sense Administrative Procedures
Act provisions.
SUPPORT: California Law Revision Commission (Sponsor)
American Federation of State, County
and Municipal
Employees (AFSCME)
OPPOSE: None registered as of 6/10/00
FISCAL COMMITTEE: Senate Appropriations
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