BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1822|
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THIRD READING
Bill No: AB 1822
Author: Wayne (D)
Amended: 6/7/00 in Senate
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 11-0, 6/13/00
AYES: Perata, Johnson, Burton, Chesbro, Dunn, Johannessen,
Karnette, Knight, Lewis, O'Connell, Soto
NOT VOTING: Hughes
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 5/11/00 (Passed on Consent) - See
last page for vote
SUBJECT : Administrative Procedure Act
SOURCE : California Law Revision Commission
DIGEST : This bill modifies the Administrative procedures
Act to clarify state rulemaking provisions, as specified.
(See analysis for specifics.)
ANALYSIS : 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, publication requirements, and
implementation procedures. OAL is the state government
entity that oversees the adoption of proposed regulations.
CONTINUED
AB 1822
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2
This bill:
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.
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.
AB 1822
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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.
The author is carrying this bill on behalf of the
California Law Revision Commission (CLRC). According to
the CLRC, this bill 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.
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)
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/23/00)
California Law Revision Commission (source)
American Federation of State, County and Municipal
Employees
ASSEMBLY FLOOR :
AYES: Aanestad, Ackerman, Alquist, Aroner, Ashburn,
AB 1822
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4
Baldwin, Bates, Bock, Brewer, Briggs, Calderon, Campbell,
Cardenas, Cardoza, Cedillo, Corbett, Correa, Cox,
Cunneen, Davis, Dickerson, Ducheny, Dutra, Firebaugh,
Floyd, Gallegos, Granlund, Havice, Honda, House, Jackson,
Kaloogian, Keeley, Knox, Kuehl, Leach, Lempert, Leonard,
Longville, Lowenthal, Machado, Maddox, Maldonado,
Margett, Mazzoni, McClintock, Migden, Nakano, Olberg,
Oller, Robert Pacheco, Rod Pacheco, Papan, Pescetti,
Reyes, Romero, Runner, Scott, Shelley, Steinberg,
Strickland, Strom-Martin, Thompson, Thomson, Torlakson,
Villaraigosa, Vincent, Washington, Wayne, Wesson,
Wiggins, Wildman, Zettel, Hertzberg
NOT VOTING: Battin, Baugh, Florez, Frusetta, Wright,
Vacancy
TSM:jk 6/23/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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