Amended in Senate April 10, 2014

Senate BillNo. 981


Introduced by Senator Huff

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(Coauthor: Senator Gaines)

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(Coauthors: Assembly Members Hagman, Harkey, Jones, and Olsen)

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February 11, 2014


An act to add Section 11349.11 to, and to add and repeal Section 11349.10 of, the Government Code, relating to regulations.

LEGISLATIVE COUNSEL’S DIGEST

SB 981, as amended, Huff. Regulations: review process.

Existing law, the Administrative Procedure Act, governs the procedure for the adoption, amendment, or repeal of regulations by state agencies.

This bill would require each agency to review each regulation adopted prior to January 1, 2014, and to develop a report with prescribed information to be submitted to the Legislature on or before January 1, 2016. The bill would also require each agency, on or before January 1, 2021, and at least every 5 years thereafter, to conduct additional reviews of regulations that have been in effect for at least 20 years, as specified, and to submit an annual report to the Legislature that identifies the regulations reviewed during that year and the associated findings.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 11349.10 is added to the Government
2Code
, to read:

P2    1

11349.10.  

(a) Each agency shall review each regulation
2adopted prior to January 1, 2014. The review shall be developed
3into a report that includes, but is not limited to, the following
4information for each regulation:

5(1) The date that the office approved the regulation.

6(2) The purpose.

7(3) The statutory authority.

8(4) The identification of impacted sectors.

9(5) The direct costs by sector.

10(6) Whether the regulation is duplicative of other regulations.

11(7) Whether the regulation is still relevant.

12(8) Whether the regulation needs to be updated in order to
13becomebegin delete more effective orend delete less burdensomebegin insert or more effectiveend insert.

14(b) The agency shall consult with parties affected by the
15regulation in developing the report.

16(c) The agency shall submit the report to the Legislature pursuant
17to Section 9795 on or before January 1, 2016.

18(d) To the extent that an agency is a component member of
19another agency, the member agency shall submit a copy of its
20report to the highest ranking agency head prior to submitting the
21report to the Legislature as required by this section. The agency
22head shall review the reports for each component agency for the
23purpose of identifying duplicative or conflicting regulations
24between departments.

25(e) This section shall remain in effect only until January 1, 2020,
26and as of that date is repealed, unless a later enacted statute, that
27is enacted before January 1, 2010, deletes or extends that date.

28

SEC. 2.  

Section 11349.11 is added to the Government Code,
29to read:

30

11349.11.  

(a) On or before January 1, 2021, and at least every
31five years thereafter, each agency shall review each regulation that
32is at least 20 years old and has not been reviewed within the last
3310 years. The review shall be developed into a report that shall be
34submitted to the Legislature and includes, but is not limited to, the
35following information for each regulation:

36(1) The date that the office approved the regulation.

37(2) The purpose.

38(3) The statutory authority.

39(4) The identification of impacted sectors.

40(5) The direct costs by sector.

P3    1(6) Whether the regulation is duplicative of other regulations.

2(7) Whether the regulation is still relevant.

3(8) Whether the regulation needs to be updated in order to
4become more effective or less burdensome.

5(b) Each agency shall submit an annual report to the Legislature
6pursuant to Section 9795 that identifies the regulations reviewed
7during the previous year and the associated findings.



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