BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1025|
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UNFINISHED BUSINESS
Bill No: SB 1025
Author: Lowenthal (D), et al.
Amended: 8/24/12
Vote: 21
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : Not available
SUBJECT : State regulations: review
SOURCE : Author
DIGEST : This bill 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.
Assembly Amendments delete the Senate version of the bill
which contained intent language only and add the above
language instead.
ANALYSIS : Existing law authorizes various state entities
to promulgate and implement regulations, subject to
specified criteria.
This bill requires each state entity that promulgates
regulations to review those regulations and no later than
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December 31, 2013, do either or both of the following, as
applicable:
1. Identify regulations deemed to be duplicative, archaic,
or inconsistent with statute or other regulations and do
either of the following:
Repeals the regulations as authorized by law, if
possible.
If it is not possible to repeal the regulations,
report to the Legislature on the legislative or other
action needed to repeal them.
2. Identify and report to the Legislature on regulations it
deems would inhibit economic growth in the state.
Comments
The Administrative Procedures Act 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 which summarizes and responds to all
objections, recommendations, and proposed alternatives that
were raised during the public comment period. The Office
of Administrative Law is then required to approve or reject
the proposed regulation within 30 days.
The Act 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
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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.
Related Legislation
AB 425 (Nestande) is substantially similar to this bill.
The bill died in Assembly Appropriations Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
DLW:n 8/29/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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