BILL NUMBER: SB 1351	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wright

                        FEBRUARY 19, 2010

   An act to amend Section 11349 of the Government Code, relating to
regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1351, as introduced, Wright. Office of Administrative Law:
regulation review.
   Existing law, the Administrative Procedure Act, governs the
procedure for the adoption, amendment, or repeal of regulations by
state agencies. Existing law requires the Office of Administrative
Law to review specified regulations and make determinations using
prescribed standards, including clarity, as defined.
   This bill would revise the definition of "clarity" to additionally
mean that regulations include all implementation schedules and forms
necessary for compliance with the regulation.
   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.  It is the intent of the Legislature in enacting this
act to clarify existing law to conform with the existing regulatory
review practices.
  SEC. 2.  Section 11349 of the Government Code is amended to read:
   11349.  The following definitions govern the interpretation of
this chapter:
   (a) "Necessity" means the record of the rulemaking proceeding
demonstrates by substantial evidence the need for a regulation to
effectuate the purpose of the statute, court decision, or other
provision of law that the regulation implements, interprets, or makes
specific, taking into account the totality of the record. For
purposes of this standard, evidence includes, but is not limited to,
facts, studies, and expert opinion.
   (b) "Authority" means the provision of law which permits or
obligates the agency to adopt, amend, or repeal a regulation.
   (c) "Clarity" means written or displayed so that the meaning of
regulations will be easily understood by those persons directly
affected by them  and that the regulations include all
implementation schedules and forms necessary for compliance  .
   (d) "Consistency" means being in harmony with, and not in conflict
with or contradictory to, existing statutes, court decisions, or
other provisions of law.
   (e) "Reference" means the statute, court decision, or other
provision of law which the agency implements, interprets, or makes
specific by adopting, amending, or repealing a regulation.
   (f) "Nonduplication" means that a regulation does not serve the
same purpose as a state or federal statute or another regulation.
This standard requires that an agency proposing to amend or adopt a
regulation must identify any state or federal statute or regulation
which is overlapped or duplicated by the proposed regulation and
justify any overlap or duplication. This standard is not intended to
prohibit state agencies from printing relevant portions of enabling
legislation in regulations when the duplication is necessary to
satisfy the clarity standard in paragraph (3) of subdivision (a) of
Section 11349.1. This standard is intended to prevent the
indiscriminate incorporation of statutory language in a regulation.