BILL NUMBER: SB 1351	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 19, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Wright

                        FEBRUARY 19, 2010

   An act to add Sections 11346.6 and 11346.65 to the Government
Code, relating to regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1351, as amended, Wright. 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 and for the review of those regulatory actions by the
Office of Administrative Law.
   This bill would require an agency  , in specified
circumstances,  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 initial 
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 
initial  compliance with the regulation  , as adopted, 
is not available on the effective date of the  adopted 
regulation, prohibit an agency from enforcing a violation of the 
adopted  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,  particularly during the
initial 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. 
   (d) An agency shall not be required to comply with the
requirements of this section if an adopted regulation that requires
the use of a new or emerging technology or other equipment imposes
that requirement on the industry that is directly responsible for
developing or manufacturing the new or emerging technology or other
equipment as a part of that industry's core business.  
   (e) Nothing in this section shall be construed to prohibit an
agency from adopting new or additional standards for new or emerging
technology or other equipment. 
  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  initial 
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  initial 
compliance with the regulation  , as adopted,  is not
available to the agency as of the effective date of  the
  that adopted  regulation, the adopting agency
shall not enforce a violation of that  adopted  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.