BILL NUMBER: SB 176 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 7, 2013
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 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 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 make a
reasonable effort to consult with interested persons
before who would be subject to the proposed
regulation, or their representatives, prior to initiating
regulatory action , as provided .
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 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 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) (1) (A) An agency
that is considering adopting, amending, or repealing a regulation
shall make a reasonable effort to consult with interested
persons before who would be subject to the
proposed regulation, or their representatives, prior initiating
regulatory action pursuant to this article.
(B) An agency shall include in its rulemaking record a list of
interested persons, or their representatives, who were consulted
pursuant to subparagraph (A).
(2) If an agency does not or cannot comply with paragraph (1), it
shall state the reasons for noncompliance with reasonable specificity
in the rulemaking record.
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) This section shall not be subject to judicial review or to
Section 11349.1.