BILL NUMBER: SB 1351 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator Wright
FEBRUARY 19, 2010
An act to amend Section 11349 of add
Sections 11346.6 and 11346.65 to the Government Code, relating
to regulations.
LEGISLATIVE COUNSEL'S DIGEST
SB 1351, as amended, Wright. Office of Administrative
Law: regulation review. State agencies: regulation
adoption requirements .
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 and for the review of those regulatory actions
by the Office of Administrative Law .
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.
This bill would require an agency that adopts a regulation that
requires the use of a new or emerging technology or equipment in
order to achieve the identified purpose of the regulation to post, as
specified, upon the effective date of the regulation, that the
required technology or equipment is commercially available or will be
commercially available prior to the effective date of the
regulation. This bill would, if the required technology or equipment
is not commercially available on the effective date of a regulation,
prohibit an agency from enforcing a violation of the regulation until
at least 6 months after the technology or equipment becomes
commercially available and the agency posts that information, as
specified.
This bill would require an agency to make any implementation
schedule, procedure, or form that is necessary for compliance with a
proposed regulation available to the public upon the agency's final
adoption of that regulation. The bill would, if the implementation
schedule, procedure, or form necessary for compliance with the
regulation is not available on the effective date of the regulation,
prohibit an agency from enforcing a violation of the regulation for
at least 6 months after the implementation schedule, procedure, or
form becomes available and the agency posts that information, as
specified.
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. The Legislature finds and declares all
of the following:
(a) This state has some of the most extensive and detailed
regulatory requirements in the nation which can also lead to
significant financial penalties for noncompliance.
(b) It is in the best interests of the public good and the
regulated business community that regulations are fully complied
with. In order to ensure full compliance, regulations should clearly
set forth adequate notice of clear enforcement timelines, provide all
necessary forms and other necessary compliance tools well in advance
for proper planning and implementation, and ensure that any
technologies required for compliance are in fact commercially
available in adequate supply.
(c) There are numerous examples of regulations affecting the state'
s economy and the public health that did not provide adequate notice
and compliance tools, which put the regulated business communities at
risk of noncompliance and thereby reduced its ability to properly
implement state law.
(d) It is, therefore, the intent of the Legislature that the
regulatory bodies of this state, to the maximum extent possible and
with reasonable advance notice before a regulation goes into effect,
identify all mandatory deadlines, provide all necessary compliance
tools, and ensure that required compliance technologies are
commercially available.
SEC. 2. Section 11346.6 is added to the
Government Code , to read:
11346.6. (a) An agency that adopts a regulation that requires the
use of a new or emerging technology or other equipment in order to
achieve the identified purpose of the regulation shall post on its
Internet Web site, if available, and in the California Regulatory
Notice Register, upon the effective date of the regulation, that the
required technology is commercially available or will be commercially
available prior to the effective date of the regulation.
(b) Notwithstanding any other law, if a new or emerging technology
or other equipment, whose use is required by a regulation, is not
commercially available on the effective date of the regulation, the
adopting agency shall not enforce a violation of that regulation
until at least six months after the required technology or other
equipment becomes commercially available and the agency posts on its
Internet Web site, if available, and in the California Regulatory
Notice Register, that the required technology or other equipment has
become commercially available.
(c) Nothing in this section shall be construed to require an
agency to readopt a regulation already approved by the office and
filed with the Secretary of State.
SEC. 3. Section 11346.65 is added to the
Government Code , to read:
11346.65. (a) An agency shall make any implementation schedule,
procedure, or form that is necessary for compliance with a proposed
regulation available to the public upon the agency's final adoption
of that regulation.
(b) Notwithstanding any other law, if an implementation schedule,
procedure, or form that is necessary for compliance with the
regulation is not available to the agency as of the effective date of
the regulation, the adopting agency shall not enforce a violation of
that regulation until at least six months after the implementation
schedule, procedure, or form becomes available and the agency posts
on its Internet Web site, if available, and in the California
Regulatory Notice Register, that the required implementation
schedule, procedure, or form has become available.
(c) Nothing in this section shall be construed to require an
agency to readopt a regulation already approved by the office and
filed with the Secretary of State.
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.