BILL ANALYSIS �
Bill No: SB
1099
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Bill Analysis
SB 1099 Author: Wright
Introduced: February 16, 2012
Hearing Date: March 27, 2012
Consultant: Paul Donahue
SUBJECT
Regulations; effective dates & availability of pending
regulations
DESCRIPTION
SB 1099 provides that regulations adopted by state agencies
shall take effect on either January 1 or July 1, and that
an Internet link to each pending regulation shall be made
available. Specifically, this bill:
1)Provides that a regulation adopted by a state agency
becomes effective on either of the following dates,
subject to the same exceptions to the 30-day effective
date set forth in existing law:
a) July 1 if the regulation or order of repeal is
filed on December 1 to June 1, inclusive.
b) January 1 if the regulation or order of repeal is
filed on June 2 to November 30, inclusive.
2)Requires the OAL to provide on its Internet website a
list of, and a link to the full text of each regulation
filed with the Secretary of State for which the effective
date is pending.
EXISTING LAW
1)The Administrative Procedure Act (APA) establishes
SB 1099 (Wright) continued
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rulemaking procedures and standards for the adoption,
amendment, or repeal of regulations by state agencies
charged with the enforcement of state laws, and for the
review of those regulatory actions by the Office of
Administrative Law (OAL). (Govt. Code � 11340 et seq.)
2)Under the APA, a regulation or an order of repeal becomes
effective on the 30th day after filing with the Secretary
of State unless:
a) Otherwise provided by the law under which the
regulation was adopted;
b) A later date is prescribed by the state agency; or
c) The agency makes a written request to OAL
demonstrating good cause for an earlier effective
date, in which case OAL may prescribe an earlier date.
(Govt. Code � 11343.4)
3)OAL is required to make available the full text of the
California Code of Regulations on the Internet, free of
charge. (Govt. Code � 11344)
BACKROUND
1)Purpose : The author states that every year, businesses
face a barrage of new regulations promulgated by state
agencies. The regulations go into effect 30 days after
filing with the Secretary of State, and this happens year
round. It is difficult, if not impossible, for a small
business with minimal staff to keep track of the
regulatory process involving multiple departments and
agencies. Often this has the effect of guaranteeing that
many businesses will be out of compliance with some of
the new rules.
The author states further that SB 1099 will go a long way
toward providing certainty to California's businesses by
allowing them to predict and prepare for new operating
rules mandated by state departments.
2)Statements in support : The supporters state that passage
of this bill will alleviate pressure of regulations being
enacted at differing times and will lead to better
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compliance. It will save the state money in enforcement
efforts and provide some measure of protection for
California's job creators in a time of economic
uncertainty, without interfering with an agency's ability
to react quickly when there is an urgent need, such as is
the case when public safety is threatened.
PRIOR/RELATED LEGISLATION
SB 553 (Fuller) 2011-12 Session . Stated that a regulation
or an order of repeal of a regulation shall become
effective 180 days after the date it is filed with the
Secretary of State, instead of 30 days, as provided in
existing law. (Died in Senate Governmental Organization
Committee).
SB 688 (Wright) 2011-12 Session . Among other things
delayed the effective date of a regulation by one year if
the estimated total costs of compliance exceeded $10
million. (Failed passage in Senate Environmental Quality
Committee).
SUPPORT:
American Chemistry Council
American Council of Engineering Companies of California
Associated Builders and Contractors of California
California Association of Bed & Breakfast Inns
California Association of Health Facilities
California Chamber of Commerce
California Construction and Industrial Materials
Association
California Grocers Association
California Hotel & Lodging Association
California Independent Oil Marketers Association
California Manufacturers & Technology Association
California Professional Assoc. of Specialty Contractors
California Retailers Association
Chemical Industry Council of California
Coalition for Adequate School Housing
Coalition of Small and Disabled Veteran Businesses
Consumer Specialty Products Association
Golden State Builders Exchanges
National Federation of Independent Business (sponsor)
Small Business California
United Contractors
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OPPOSE:
None on file
DUAL REFERRAL: Senate Environmental Quality Committee
FISCAL COMMITTEE: Senate Appropriations Committee
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