BILL NUMBER: AB 12	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2013

INTRODUCED BY   Assembly Member Cooley

                        DECEMBER 3, 2012

   An act to amend Section 11349.1.5 of the Government Code, relating
to state government.


	LEGISLATIVE COUNSEL'S DIGEST


   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 would  instead  require the  report to
  office to annually prepare that report for the Senate
Committee on Governmental Organization and the Assembly Committee on
Accountability and Administrative Review and  include 
any  recommendations  from the office  for
actions the Legislature might consider for improving state agency
performance and compliance in the creation of the standardized
regulatory impact analyses. This bill would  also  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 1.  Section 11349.1.5 of the Government Code is amended to
read:
   11349.1.5.  (a) The Department of Finance and the office shall
annually review the standardized regulatory impact analyses required
by subdivision (c) of Section 11346.3 and submitted to the office
pursuant to Section 11347.3, for adherence to the regulations adopted
by the department pursuant to Section 11346.36.
   (b) On or before November 1, 2015,  and annually thereafter,
 the office shall submit to the Senate  and Assembly
Committees on   Committee on  Governmental
Organization  and the Assembly Committee on Accountability and
Administrative Review  a report describing the extent to which
submitted standardized regulatory impact analyses for proposed major
regulations adhere to the regulations adopted pursuant to Section
11346.36. The report shall include a discussion of agency adherence
to the regulations as well as a comparison between various state
agencies on the question of adherence. The report shall also include
any recommendations from the office for actions the Legislature might
consider for improving state agency performance and compliance in
the creation of the standardized regulatory impact analyses as
described in Section 11346.3.
   (c) In addition to the  annual  report required by
subdivision (b), the office shall notify the Legislature of
noncompliance by a state agency with the regulations adopted pursuant
to Section 11346.36, in any manner or form determined by the office
and shall post the report and notice of noncompliance on the office's
Internet Web site.