BILL ANALYSIS
SB 1348
Page 1
SENATE THIRD READING
SB 1348 (Steinberg)
As Amended August 9, 2010
Majority vote
SENATE VOTE :35-0
TRANSPORTATION 12-0 APPROPRIATIONS 17-0
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|Ayes:|Bonnie Lowenthal, |Ayes:|Fuentes, Conway, |
| |Jeffries, | |Bradford, |
| |Bill Berryhill, | |Charles Calderon, Coto, |
| |Blumenfield, Buchanan, | |Davis, |
| |Eng, Furutani, Galgiani, | |De Leon, Gatto, Hall, |
| |Hayashi, Miller, Niello, | |Harkey, Miller, Nielsen, |
| |Portantino | |Norby, Skinner, Solorio, |
| | | |Torlakson, Torrico |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Codifies the process by which the California
Transportation Commission (CTC) is to adopt guidelines.
Specifically, this bill :
1)Makes legislative findings and declarations regarding the need
to ensure that CTC's process for adopting program guidelines
is understandable, predictable, and transparent and provides
ample opportunity for public review and comment on proposed
guidelines.
2)Provides, notwithstanding any other provision, in instances
where CTC adopts guidelines the guidelines will be exempt from
the Administrative Procedure Act (APA).
3)Sets forth a process governing CTC's adoption of guidelines
after January 1, 2011, except for guidelines adopted to
implement the State Transportation Improvement Program (STIP),
as follows:
a) CTC's legal counsel is required to review the proposed
guidelines for necessity, authority, clarity, consistency,
reference, and redundancy recommend any changes to CTC
commissioners. Comments and recommendations made by legal
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counsel will be subject to attorney-client privilege,
unless waived. The CTC Executive Director is required
distribute the recommendations and communications with
legal counsel to all commissioners;
b) Program or policy guidelines are to be first presented
at a CTC meeting for purposes of receiving public comment;
c) Final proposed guidelines will be presented at a CTC
meeting;
d) At least 45 days prior to the meeting, copies of the
proposed guidelines must be distributed and be made
available in electronic format;
e) Proposed guidelines must include a notice of the right
of the public comment on the guidelines;
f) Following the proposed guideline review process, CTC
staff will summarize all comments and explain any changes
to the guidelines in response to comments made. Staff
recommendations and summary must be made public 15 days
prior to a regular CTC meeting; and,
g) Guidelines must be adopted by a majority of the
commission membership.
4)Requires CTC to maintain complete files on guideline adoption
proceedings, including a summary of each objection or
recommendation made and an explanation of how the proposed
guidelines was changed to accommodate each objection or
recommendation, or the reason no change was made.
5)Requires the CTC to include in its annual report to the
Legislature an accounting of its activities related to
guideline adoption during the prior year.
EXISTING LAW :
6)Establishes the CTC and prescribes its membership and
responsibilities, including advising and assisting the
Secretary of the Business, Transportation and Housing Agency
and the Legislature in formulating and evaluating state
policies and plans for transportation programs in the state.
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7)In various provisions, directs CTC to establish guidelines to
implement specific programs.
8)Sets forth the Administrative Procedures Act (APA) and vests
with the Office of Administrative Law (OAL) the responsibility
for an orderly review of adopted regulations.
9)Prohibits any state agency from issuing utilizing, enforcing,
or attempting to enforce any "guideline, criterion, bulletin,
manual, instruction, order, standard of general application,
or other rule."
10)Excludes from provisions of the APA any regulation that
relates only to the internal management of a state agency.
11)Defines "regulation" to mean "every rule, regulation, order,
or standard of general application or the amendment,
supplement, or revision of any rule, regulation, order, or
standard adopted by any state agency to implement, interpret,
or make specific the law enforced or administered by it, or to
govern its procedure."
12)Sets forth procedures to be followed by APA for promulgating
regulations with timeframes similar to those set forth in this
bill.
FISCAL EFFECT : According to Assembly Appropriations Committee,
absorbable costs to the CTC because the process prescribed by
the bill is generally in line with the CTC's current practice.
COMMENTS : The author introduced this bill because he believes
that, on some occasions, the CTC's process for guideline
adoption lacked transparency and has not provided the public
with ample opportunity to fully review and comment on items at
issue in the proposed guidelines. This bill would codify a
process whereby CTC would adopt program guidelines but it would
do so in a way that avoids the often-cumbersome process by which
regulations are promulgated via the OAL.
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
FN: 0005355
SB 1348
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