BILL NUMBER: AB 429	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Knight

                        FEBRUARY 14, 2011

   An act to amend Section 11343.4 of, and to add Section 11348.5 to,
the Government Code, relating to regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 429, as introduced, Knight. Regulations: effective date.
   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. Under existing law, a regulation or an
order of repeal becomes effective on the 30th day after it is filed
with the Secretary of State.
   This bill would require an agency, for any regulation that it has
identified as having a gross cost of $15,000,000 or more, an
increased cost of 5% or more over the cost of an existing regulation,
or both, to submit a copy of the rulemaking record for that
regulation to the appropriate policy committee in each house of the
Legislature when the agency submits the regulation to the office for
approval.
   This bill would require that these regulations take effect on the
180th day after they are filed with the secretary.
   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 11343.4 of the Government Code is amended to
read:
   11343.4.   A   (a)    
Except as provided in subdivision (b), a  regulation or an order
of repeal required to be filed with the Secretary of State shall
become effective on the 30th day after the date of filing unless:

   (a) 
    (1)  Otherwise specifically provided by the statute
pursuant to which the regulation or order of repeal was adopted, in
which event it becomes effective on the day prescribed by the
statute. 
   (b) 
    (2)  A later date is prescribed by the state agency in a
written instrument filed with, or as part of, the regulation or
order of repeal. 
   (c) 
    (3)  The agency makes a written request to the office
demonstrating good cause for an earlier effective date, in which case
the office may prescribe an earlier date. 
   (b) An approved regulation that the adopting agency has identified
as having a gross cost of fifteen million dollars ($15,000,000) or
more, an increased cost of 5 percent or more over an existing
regulation, or both, shall become effective on the 180th day after
the approved regulation has been filed with the Secretary of State.

  SEC. 2.  Section 11348.5 is added to the Government Code, to read:
   11348.5.  (a) At the time an agency submits a proposed adoption,
amendment, or repeal of a regulation that is subject to this section
to the office for approval pursuant to Article 6 (commencing with
Section 11349), the agency shall also submit a copy of the rulemaking
record to the appropriate policy committee in each house of the
Legislature.
   (b) This section shall apply only to a proposed adoption,
amendment, or repeal of a regulation that the proposing agency has
identified in the rulemaking record as having a total gross cost of
fifteen million dollars ($15,000,000) or more, an increased cost of 5
percent or more over an existing regulation, or both.