AB 12, as amended, Cooley. State government: Administrative Procedure Act: standardized regulatory impact analyses.
The Administrative Procedure Act governs the procedures 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 each state agency to prepare a standardized regulatory impact analysis, as specified, with respect to the adoption, amendment, or repeal of a major regulation, as defined, that is proposed on or after November 1, 2013. Existing law requires the Department of Finance and the office, from time to time, to review the standardized regulatory impact analyses for adherence to regulations adopted by the department.
This bill would instead require the Department of Finance and the office to annually review the standardized regulatory impact analyses for adherence to the regulations adopted by the department.
Existing law requires, on or before November 1, 2015, the office to submit to the Senate and Assembly Committees on Governmental Organization a report describing the extent to which submitted standardized regulatory impact analyses for proposed major regulations adhere to the regulations adopted by the department.
This bill wouldbegin insert insteadend insert require thebegin delete report toend deletebegin insert
office to annually prepare that report for the Senate Committee on Governmental Organization and the Assembly Committee on Accountability and Administrative Review andend insert includebegin delete anyend delete recommendationsbegin delete from the officeend delete for actions the Legislature might consider for improving state agency performance and compliance in the creation of the standardized regulatory impact analyses. This bill wouldbegin insert alsoend insert require the office to notify the Legislature of noncompliance by a state agency and to post the report and the notice of noncompliance 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 11349.1.5 of the Government Code is
2amended to read:
(a) The Department of Finance and the office shall
4annually review the standardized regulatory impact analyses
5required by subdivision (c) of Section 11346.3 and submitted to
6the office pursuant to Section 11347.3, for adherence to the
7regulations adopted by the department pursuant to Section
811346.36.
9(b) On or before November 1, 2015,begin insert and annually thereafter,end insert
10 the office shall submit to the Senatebegin delete and Assembly Committees begin insert Committee onend insert
Governmental Organizationbegin insert and the Assembly
11onend delete
12Committee on Accountability and Administrative Reviewend insert a report
13describing the extent to which submitted standardized regulatory
14impact analyses for proposed major regulations adhere to the
15regulations adopted pursuant to Section 11346.36. The report shall
16include a discussion of agency adherence to the regulations as well
17as a comparison between various state agencies on the question
18of adherence. The report shall also include any recommendations
19from the office for actions the Legislature might consider for
20improving state agency performance and compliance in the creation
21of the standardized regulatory impact analyses as described in
22Section 11346.3.
23(c) In addition to thebegin insert
annualend insert report required by subdivision (b),
24the office shall notify the Legislature of noncompliance by a state
25agency with the regulations adopted pursuant to Section 11346.36,
26in any manner or form determined by the office and shall post the
P3 1report and notice of noncompliance on the office’s Internet Web
2site.
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