BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2738|
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THIRD READING
Bill No: AB 2738
Author: Niello (R)
Amended: 8/17/10 in Senate
Vote: 27 - Urgency
SENATE GOVERNMENTAL ORG. COMMITTEE : 9-0, 6/22/10
AYES: Wright, Harman, Calderon, Denham, Florez, Negrete
McLeod, Padilla, Price, Yee
NO VOTE RECORDED: Oropeza, Wyland
SENATE ENV. QUALITY COMMITTEE : 6-0, 8/9/10
AYES: Simitian, Runner, Corbett, Hancock, Lowenthal,
Pavley
NO VOTE RECORDED: Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 72-0, 5/13/10 - See last page for vote
SUBJECT : Regulations: agency statement of reasons
SOURCE : Pacific Merchant Shipping Association
DIGEST : This bill requires that the initial statement of
reasons which is submitted by an agency to the Office of
Administrative Law to include a description of any
performance standard that was considered as an alternative
to a proposed adoption, amendment, or repeal of a
regulation. Sunsets January 1, 2014.
CONTINUED
AB 2738
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2
ANALYSIS : 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.
Existing law requires an agency to submit to the office,
among other things, an initial statement of reasons for
proposing the adoption, amendment, or repeal of a
regulation that includes, among other things, a description
of reasonable alternatives to the regulation. Existing law
requires, for a regulation that would mandate the use of
specific technologies or equipment or prescribe specific
actions or procedures, that the imposition of performance
standards be considered as an alternative and that the
initial statement of reasons include a statement of reasons
why the agency believes that mandates or prescriptive
standards are required.
This bill requires that the initial statement of reasons
also include a description of any performance standard that
was considered as an alternative to the proposed adoption,
amendment, or repeal of a regulation. Sunsets January 1,
2014.
Comments
According to the author, "During the rulemaking process, a
state agency is required to prepare an Initial Statement of
Reasons (ISOR) whenever it proposes to create, repeal or
amend a regulation . . . An ISOR describes the basis of the
regulation, the purpose of the rule, how it is intended to
be implemented and the data on which the public agency
relied to develop the proposed regulatory change.
Importantly, an ISOR must provide a description of
reasonable alternatives to the rule being proposed."
The author notes that "AB 2738 would retain the
requirements for an agency to review reasonable
alternatives, but it would amend the language regarding the
consideration of a performance standard as an alternative.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
AB 2738
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3
Local: No
SUPPORT : (Verified 8/17/10)
Pacific Merchant Shipping Association (source)
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Nestande,
Niello, Nielsen, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Smyth, Solorio, Audra Strickland,
Swanson, Torlakson, Torres, Torrico, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Caballero, Hagman, Knight, Monning,
Nava, Norby, Skinner, Vacancy
TSM:kc 8/17/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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