BILL NUMBER: SB 357	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 10, 2011
	AMENDED IN SENATE  APRIL 4, 2011

INTRODUCED BY   Senator Dutton

                        FEBRUARY 15, 2011

   An act to add Section 11346.47 to the Government Code, relating to
regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 357, as amended, Dutton. Regulations: obsolete equipment.
   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. The act requires that an agency identify, in the
notice of proposed action for a regulation, an estimate, prepared in
accordance with instructions adopted by the Department of Finance, of
the cost or savings to a state agency.
   This bill would additionally require an agency to estimate the
cost  or savings  to the state in revenues that are lost
 or gained  as a result of a regulation that would make
equipment obsolete, where that equipment would otherwise have a
remaining depreciable life. The bill would require the Franchise Tax
Board to provide to each state agency, and update every 5 years, the
average tax rate to be applied to the amount of the estimated
accelerated deduction due to reduced asset life attributable to the
regulation for an increase in business depreciation.
   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 11346.47 is added to the Government Code, to
read:
   11346.47.  (a) For purposes of the estimate of costs and savings
to a state agency reported pursuant to paragraph (6) of subdivision
(a) of Section 11346.5, and in addition to information required by
the Department of Finance pursuant to Section 11357, the agency's
estimate shall include an estimate of the cost  or savings 
to the state in revenues that are lost  or gained  as a
result of a regulation that makes equipment obsolete, where that
equipment would otherwise have a remaining depreciable life.
   (b) For purposes of this section, the Franchise Tax Board shall
provide to each state agency, and update every five years, the
average tax rate to be applied to the amount of the estimated
accelerated deduction due to reduced asset life attributable to the
regulation for an increase in business depreciation.