Bill Text: CA AB1868 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1868 (Prior Session Legislation)

Bill Title: Regulations: legislative notice.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee: Without further action pursuant to Joint Rule 62(a). [AB1868 Detail]

Download: California-2015-AB1868-Amended.html

BILL NUMBER: AB 1868	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 3, 2016

INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 10, 2016

   An act to amend Section 11346.4 of the Government Code, relating
to regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1868, as amended, Wagner. Regulations: legislative notice.
   Existing law, 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. Existing law requires an agency to mail
a notice of proposed action to specified entities at least 45 days
prior to the hearing and close of the public comment period on the
adoption, amendment, or repeal of a  regulation. 
 regulation, and to publish the notice of proposed action in the
California Regulatory Notice Register as proposed by the Office of
Administrative Law. 
   This bill would require  that the notice of proposed
action also be submitted to the Legislature if it   the
Office of Administrative Law to send a link to an Internet Web site,
where this published information is posted, to the appropriate Senate
and Assembly policy committee secretaries via electronic mail, if
the notice  includes particular information relating to economic
and cost impacts of the regulation on businesses and private
persons.
   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 11346.4 of the Government Code is amended to
read:
   11346.4.  (a) At least 45 days prior to the hearing and close of
the public comment period on the adoption, amendment, or repeal of a
regulation, notice of the proposed action shall be:
   (1) Mailed to every person who has filed a request for notice of
regulatory actions with the state agency. Each state agency shall
give a person filing a request for notice of regulatory actions the
option of being notified of all proposed regulatory actions or being
notified of regulatory actions concerning one or more particular
programs of the state agency.
   (2) In cases in which the state agency is within a state
department, mailed or delivered to the director of the department.
   (3) Mailed to a representative number of small business
enterprises or their representatives that are likely to be affected
by the proposed action. "Representative" for the purposes of this
paragraph includes, but is not limited to, a trade association,
industry association, professional association, or any other business
group or association of any kind that represents a business
enterprise or employees of a business enterprise.
   (4) When appropriate in the judgment of the state agency, mailed
to any person or group of persons whom the agency believes to be
interested in the proposed action and published in the form and
manner as the state agency shall prescribe.
   (5) Published in the California Regulatory Notice Register as
prepared by the office for each state agency's notice of regulatory
action.  The Office of Administrative Law shall also send a link
to an Internet Web site where this information is posted to the
appropriate Senate and Assembly policy committee secretaries via
electronic mail, if the notice of proposed action includes an
economic impact, cost impact, statement, or finding described by
paragraph (7), (9), (10), or (11) of subdivision (a) of Section
11346.5. 
   (6) Posted on the state agency's Internet Web site if the agency
has an Internet Web site. 
   (7) Submitted to the Legislature, in the manner prescribed by
Section 9795, if the notice of proposed action includes an economic
impact, cost impact, statement, or finding described by paragraph
(7), (9), (10), or (11) of subdivision (a) of Section 11346.5.

   (b) The effective period of a notice issued pursuant to this
section shall not exceed one year from the date thereof. If the
adoption, amendment, or repeal of a regulation proposed in the notice
is not completed and transmitted to the office within the period of
one year, a notice of the proposed action shall again be issued
pursuant to this article.
   (c) Once the adoption, amendment, or repeal is completed and
approved by the office, no further adoption, amendment, or repeal to
the noticed regulation shall be made without subsequent notice being
given.
   (d) The office may refuse to publish a notice submitted to it if
the agency has failed to comply with this article.
   (e) The office shall make the California Regulatory Notice
Register available to the public and state agencies at a nominal cost
that is consistent with a policy of encouraging the widest possible
notice distribution to interested persons.
   (f) Where the form or manner of notice is prescribed by statute in
any particular case, in addition to filing and mailing notice as
required by this section, the notice shall be published, posted,
mailed, filed, or otherwise publicized as prescribed by that statute.
The failure to mail notice to any person as provided in this section
shall not invalidate any action taken by a state agency pursuant to
this article.