BILL NUMBER: SB 1348	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Steinberg

                        FEBRUARY 19, 2010

   An act to add Section 14516 to the Government Code, relating to
transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1348, as introduced, Steinberg. California Transportation
Commission: guidelines.
   Existing law generally provides for programming and allocation of
state and federal funds available for transportation capital
improvement projects by the California Transportation Commission,
pursuant to various requirements. Existing law authorizes the
commission, in certain cases, to adopt guidelines relative to its
programming and allocation policies and procedures.
   Existing law generally requires regulations adopted by state
agencies to be reviewed and approved by the Office of Administrative
Law pursuant to the Administrative Procedure Act. A regulation is
required to be consistent with the statute to which it pertains.
Existing law provides that no state agency may issue, utilize,
enforce, or attempt to enforce any guideline that is a regulation, as
defined, unless the guideline has been adopted as a regulation.
   This bill would provide that guidelines adopted by the commission
shall have no force or effect unless adopted as regulations pursuant
to the Administrative Procedure Act.
   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 14516 is added to the Government Code, to read:

   14516.  Guidelines adopted by the commission shall have no force
or effect unless adopted as regulations pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1).