Bill Text: CA AB535 | 2011-2012 | Regular Session | Introduced
Bill Title: Regulations: 5-year review and report.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB535 Detail]
Download: California-2011-AB535-Introduced.html
BILL NUMBER: AB 535 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Morrell
FEBRUARY 16, 2011
An act to add Section 11349.95 to the Government Code, relating to
regulations.
LEGISLATIVE COUNSEL'S DIGEST
AB 535, as introduced, Morrell. Regulations: 5-year review and
report.
The Administrative Procedure Act generally sets forth the
requirements for the adoption, publication, review, and
implementation of regulations by state agencies.
This bill would additionally require a state agency to review and
report on regulations that it adopts or amends on and after January
1, 2012, 5 years after adoption, as specified. The bill would require
that the review and report include 10 specified factors, including a
summary of the written criticisms of the regulation received by the
agency within the immediately preceding 5 years and the estimated
economic, small business, and consumer impact of the regulation. The
bill would require the Office of Administrative Law to make the
review and report available on the office's Internet Web site.
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 11349.95 is added to the Government Code, to
read:
11349.95. (a) (1) A state agency shall review and report on all
regulations that it adopts or amends on and after January 1, 2012, as
required by this section. The review and report shall be completed
and submitted to the office on or before May 1 immediately following
five years after the date the regulation was adopted or amended.
(2) The office shall make the report required by paragraph (1)
available on the office's Internet Web site.
(b) The review and report required by this section shall include
all of the following factors:
(1) The general and specific statutes authorizing the regulation.
(2) The objective of the regulation.
(3) The effectiveness of the regulation in achieving the
objective.
(4) The consistency of the regulation with state and federal
statutes and regulations and a listing of the statutes or regulations
used in determining the consistency.
(5) The agency enforcement policy, including whether the
regulation is currently being enforced and, if so, whether there are
any problems with enforcement.
(6) The agency view regarding current wisdom of the regulation.
(7) The clarity, conciseness, and understandability of the
regulation.
(8) A summary of the written criticisms of the regulation received
by the agency within the five years immediately preceding the
five-year review report, including letters, memoranda, reports, and
written allegations made in litigation or administrative proceedings,
to which the agency was a party, that the regulation is
discriminatory, unfair, unclear, inconsistent with statute, or beyond
the authority of the agency to enact, and the result of the
litigation or administrative proceedings.
(9) The estimated economic, small business, and consumer impact of
the regulation as compared to the economic, small business, and
consumer impact statement prepared on the last making of the
regulation, or, if no economic, small business, and consumer impact
statement was prepared on the last making of the rule, an assessment
of the actual economic, small business, and consumer impact of the
regulation.
(10) Course of action the agency proposes to take regarding each
regulation, including the month and year in which the agency
anticipates submitting the rules to the office if the agency
determines it is necessary to amend or repeal an existing rule, or to
make a new rule.
