BILL ANALYSIS �
SB 1025
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SENATE THIRD READING
SB 1025 (Alan Lowenthal)
As Amended August 24, 2012
Majority vote
SENATE VOTE : Vote not relevant
SUMMARY : Requires each state entity that promulgates
regulations to review those regulations, and repeal or report to
the Legislature those identified as duplicative, archaic,
inconsistent with statute or other regulations, or deemed to
inhibit economic growth in the state by December 31, 2012.
Specifically, this bill :
1)Deletes the current contents of the bill.
2)Requires each state entity that promulgates regulations to
review those regulations and no later than December 31, 2013,
do either or both of the following, as applicable:
a) Identify regulations deemed to be duplicative, archaic,
or inconsistent with statute or other regulations and do
either of the following:
i) Repeals the regulations as authorized by law, if
possible.
ii) If it is not possible to repeal the regulations,
report to the Legislature on the legislative or other
action needed to repeal them.
b) Identify and report to the Legislature on regulations it
deems would inhibit economic growth in the state.
3)Adds a coauthor.
EXISTING LAW authorizes various state entities to promulgate and
implement regulations, subject to specified criteria.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown costs, likely in excess of $1 million, for
all affected state entities to review and assess all regulations
in order to determine their worth and whether or not they
inhibit economic growth in the state.
SB 1025
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COMMENTS : The Administrative Procedures Act (APA) governs the
adoption of regulations by state agencies for purposes of
ensuring that they are clear, necessary, legally valid, and
available to the public. In seeking adoption of a proposed
regulation, state agencies must comply with procedural
requirements that include publishing the proposed regulation
with a supporting statement of reasons; mailing and publishing a
notice of the proposed action 45 days before a hearing or before
the close of the public comment period; and, submitting a final
statement to the Office of Administrative Law (OAL) which
summarizes and responds to all objections, recommendations, and
proposed alternatives that were raised during the public comment
period. The OAL is then required to approve or reject the
proposed regulation within 30 days.
More specifically, the APA requires state agencies proposing to
adopt, amend, or repeal any administrative regulation to assess
the potential for adverse economic impact on California business
enterprises and individuals, and avoid imposing unnecessary or
unreasonable regulations. Agencies are required to consider the
proposal's impact on business, with consideration of industries
affected including the ability of California businesses to
compete with businesses in other states. Additionally, agencies
are required to assess whether and to what extent the proposed
regulation change will affect the creation or elimination of
jobs, the creation of new businesses or the elimination of
existing businesses, and the expansion of businesses currently
doing business within California.
This bill requires each state entity to review previously
adopted regulations, and repeal or report to the Legislature
those identified as duplicative, archaic, inconsistent with
statute or other regulations, or deemed to inhibit economic
growth in the state.
SB 1025 (Alan Lowenthal) was not previously heard in a policy
committee; however, the current language of the bill was heard
in the Assembly Business, Professions, and Consumer Protection
Committee as AB 425 (Nestande) on May 31, 2011. AB 425
(Nestande) was subsequently held in the Assembly Appropriations
Committee.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
SB 1025
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319-3301
FN: 0005601