Bill Text: CA SB176 | 2013-2014 | Regular Session | Amended

California Senate Bill 176 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Administrative procedures.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2013-08-30 - Set, first hearing. Referred to APPR. suspense file. Held in committee and under submission. [SB176 Detail]

Download: California-2013-SB176-Amended.html

BILL NUMBER: SB 176	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 18, 2013
	AMENDED IN SENATE  MAY 28, 2013
	AMENDED IN SENATE  APRIL 24, 2013

INTRODUCED BY   Senator Galgiani
   (Coauthors: Senators Cannella and Correa)

                        FEBRUARY 6, 2013

   An act to amend  Section   Sections 11344.1,
11346, and  11346.45 of the Government Code, relating to
administrative procedures.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 176, as amended, Galgiani. Administrative procedures.
   Existing law 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, including
procedures relating to increased public participation in the
adoption, amendment, and repeal of these regulations. Existing law
specifically requires a state agency proposing to adopt regulations,
prior to publication of a notice of proposed adoption, amendment, or
repeal of a regulation, to involve parties who would be subject to
the proposed regulations in public discussions regarding those
proposed regulations, when the proposed regulations involve complex
proposals or a large number of proposals that cannot easily be
reviewed during the comment period.  Existing law requires the
office to provide for the   publication of the California
Regulatory Notice Register and to include specified information in
the register, including notices of proposed action prepared by
regulatory agencies, a summary of regulations filed with the
Secretary of State, and a summary of regulation decisions issued, as
specified. 
   This bill would  require the office to allow electronic
submission to the office by a state agency of notices required to be
published and information required to be submitted pursuant to
specified provisions of existing law. The bill would also 
expand  that   the  public discussion
requirement  described above  to require a state agency
proposing to adopt regulations, prior to publication of a notice of
proposed adoption, amendment, or repeal of a regulation, to involve
parties that would be subject to the proposed regulations in public
discussions regarding those proposed regulations, without regard to
the complexity or number of proposals. 
   Existing law authorizes an agency that is considering adopting,
amending, or repealing a regulation to consult with interested
persons before initiating regulatory action.  
   This bill would instead require such an agency to consult with
interested persons before initiating regulatory action. 
   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 11344.1 of the   
 Government Code   is amended to read: 
   11344.1.  The office shall do all of the following:
   (a) Provide for the publication of the California Regulatory
Notice Register, which shall be an official publication of the State
of California and which shall contain the following:
   (1) Notices of proposed action prepared by regulatory agencies,
subject to the notice requirements of this chapter, and which have
been approved by the office.
   (2) A summary of all regulations filed with the Secretary of State
in the previous week.
   (3) Summaries of all regulation decisions issued in the previous
week detailing the reasons for disapproval of a regulation, the
reasons for not filing an emergency regulation, and the reasons for
repealing an emergency regulation. The California Regulatory Notice
Register shall also include a quarterly index of regulation
decisions.
   (4) Material that is required to be published under Sections
11349.5, 11349.7, and 11349.9.
   (5) Determinations issued pursuant to Section 11340.5.
   (b) Establish the publication dates and manner and form in which
the California Regulatory Notice Register shall be prepared and
published and ensure that it is published and distributed in a timely
manner to the presiding officer and rules committee of each house of
the Legislature and to all subscribers.
   (c) Post on its  website,   Internet Web
site,  on a weekly basis:
   (1) The California Regulatory Notice Register. Each issue of the
California Regulatory Notice Register on the office's website
  Internet Web site  shall remain posted for a
minimum of 18 months.
   (2) One or more Internet links to assist the public to gain access
to the text of regulations proposed by state agencies. 
   (d) Permit a state agency to submit to the office as an electronic
communication, as defined in Section 11340.85, a notice required to
be published pursuant to subdivision (a) and Section 11346.4, and the
information required to be submitted to the office pursuant to
Sections 11346.2, 11346.9, and 11347.3. 
   SEC. 2.    Section 11346 of the   Government
Code   is amended to read: 
   11346.  (a) It is the purpose of this chapter to establish basic
minimum procedural requirements for the adoption, amendment, or
repeal of administrative regulations. Except as provided in Section
11346.1, the provisions of this chapter are applicable to the
exercise of any quasi-legislative power conferred by any statute
heretofore or hereafter enacted, but nothing in this chapter repeals
or diminishes additional requirements imposed by any statute. This
chapter shall not be superseded or modified by any subsequent
legislation except to the extent that the legislation shall do so
expressly.
   (b) An agency that is considering adopting, amending, or repealing
a regulation  may   shall consult with
interested persons before initiating regulatory action pursuant to
this article.
   SECTION 1.   SEC. 3.   Section 11346.45
of the Government Code is amended to read:
   11346.45.  (a) In order to increase public participation and
improve the quality of regulations, a state agency proposing to adopt
regulations, prior to publication of the notice required by Section
11346.5, shall involve parties that would be subject to the proposed
regulations in public discussions regarding those proposed
regulations.
   (b) This section does not apply to a state agency in any instance
where that state agency is required to implement federal law and
regulations for which there is little or no discretion on the part of
the state to vary.
   (c) If the agency does not or cannot comply with subdivision (a),
it shall state the reasons for noncompliance with reasonable
specificity in the rulemaking record.
   (d)  The provisions of this   This  
 section shall not be subject to judicial review or to Section
11349.1.