BILL NUMBER: AB 1957 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Silva
FEBRUARY 17, 2010
An act to amend Section 11346.4 of, and to add Section 11346.41
to, the Government Code, relating to regulations.
LEGISLATIVE COUNSEL'S DIGEST
AB 1957, as introduced, Silva. Administrative Procedure Act:
notice of proposed actions: local government agencies.
Existing law, the Administrative Procedure Act, governs the
procedure for the adoption, amendment, or repeal of regulations by
state agencies and for the review of those regulatory actions by the
Office of Administrative Law.
This bill would require an agency to mail a notice of proposed
action to adopt, amend, or repeal a regulation to local government
agencies or local government agency representatives that the agency
believes may be interested in, or impacted by, the proposed action,
as prescribed. This bill would require the office, for purposes of
this notice, to create, maintain, and make available to a requesting
agency, a notification list of local government agency
representatives, as prescribed.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11346.4 of the Government Code is amended to
read:
11346.4. (a) 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
regulatory actions with the state agency. Each state agency shall
give a person filing a request for notice of regulatory actions the
option of being notified of all proposed regulatory actions or being
notified of regulatory actions concerning one or more particular
programs of the state agency.
(2) In cases in which the state agency is within a state
department, mailed or delivered to the director of the department.
(3) Mailed to a representative number of small business
enterprises or their representatives that are likely to be affected
by the proposed action. "Representative" for the purposes of this
paragraph includes, but is not limited to, a trade association,
industry association, professional association, or any other business
group or association of any kind that represents a business
enterprise or employees of a business enterprise.
(4) When appropriate in the judgment of the state agency, mailed
to any person or group of persons whom the agency believes to be
interested in the proposed action and published in the form and
manner as the state agency shall prescribe.
(5) Published in the California Regulatory Notice Register as
prepared by the office for each state agency's notice of regulatory
action.
(6) Posted on the state agency's website
Internet Web site if the agency has a website
an Internet Web site .
(7) Mailed to local government agencies or local government agency
representatives that the agency believes may be interested in, or
impacted by, the proposed action. For purposes of this paragraph, the
term "local government agency representative" shall include, but not
be limited to, the following:
(A) Countywide elected officials whose departments would be
impacted by a proposed action.
(B) County administrators or executive offices of a county whose
operations may be impacted by a proposed action.
(C) City managers of a city whose operations may be impacted by a
proposed action.
(D) General managers of a special district whose operations may be
impacted by a proposed action.
(b) The effective period of a notice issued pursuant to this
section shall not exceed one year from the date thereof. If the
adoption, amendment, or repeal of a regulation proposed in the notice
is not completed and transmitted to the office within the period of
one year, a notice of the proposed action shall again be issued
pursuant to this article.
(c) Once the adoption, amendment, or repeal is completed and
approved by the office, no further adoption, amendment, or repeal to
the noticed regulation shall be made without subsequent notice being
given.
(d) The office may refuse to publish a notice submitted to it if
the agency has failed to comply with this article.
(e) The office shall make the California Regulatory Notice
Register available to the public and state agencies at a nominal cost
that is consistent with a policy of encouraging the widest possible
notice distribution to interested persons.
(f) Where the form or manner of notice is prescribed by statute in
any particular case, in addition to filing and mailing notice as
required by this section, the notice shall be published, posted,
mailed, filed, or otherwise publicized as prescribed by that statute.
The failure to mail notice to any person as provided in this section
shall not invalidate any action taken by a state agency pursuant to
this article.
SEC. 2. Section 11346.41 is added to the Government Code, to read:
11346.41. (a) For purposes of paragraph (7) of subdivision (a) of
Section 11346.4, the office shall create, maintain, and make
available to a requesting agency, a notification list of local
government agency representatives.
(b) The notification list shall be comprised of information
requested from, and submitted by, the appropriate statewide
associations representing the local government agencies. The office
shall request information from statewide associations that include,
but are not limited to, the following:
(1) The California State Association of Counties.
(2) The County Auditors Association of California.
(3) The California Assessors Association.
(4) The County Recorders Association of California.
(5) The California District Attorneys Association.
(6) California State Sheriffs Association.
(7) California Association of Public Administrators, Public
Guardians, and Public Conservators.
(8) California Association of County Treasurers and Tax
Collectors.
(9) The League of California Cities.
(10) The California Special Districts Association.
(11) The California County Superintendents Education Services
Association.