California Legislature—2015–16 Regular Session

Assembly BillNo. 797


Introduced by Assembly Member Steinorth

February 26, 2015


An act to amend Sections 11343.4 and 11349.3 of the Government Code, relating to regulations.

LEGISLATIVE COUNSEL’S DIGEST

AB 797, as introduced, Steinorth. Regulations: effective dates and legislative review.

The Administrative Procedure Act 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. That act requires an agency, prior to submitting a proposal to adopt, amend, or repeal an administrative regulation, to determine the economic impact of that regulation, in accordance with certain procedures. The act defines a major regulation as a regulation that the agency determines has an expected economic impact on California business enterprises and individuals estimated to exceed $50,000,000. The act requires the office to transmit a copy of a regulation to the Secretary of State for filing if the office approves the regulation or fails to act on it within 30 days. The act provides that a regulation or an order of repeal of a regulation becomes effective on a quarterly basis, as prescribed, except in specified instances, including if a regulation adopted by the Fish and Game Commission requires a different effective date to conform with federal law.

This bill would require the office to submit to each house of the Legislature for review a copy of each major regulation that it submits to the Secretary of State. The bill would eliminate the quarterly schedule pursuant to which regulations and orders of repeal become effective, as well as the provisions specifically addressing the effective dates of regulations adopted by the Fish and Game Commission. The bill would, instead, provide that a regulation or order of repeal required to be filed with the Secretary of State generally becomes effective the 90th day after the date of filing, subject to certain exceptions. The bill would add another exception to those currently provided that specifies that a regulation does not become effective if the Legislature passes a statute to override the regulation.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 11343.4 of the Government Code is
2amended to read:

3

11343.4.  

begin delete(a)end deletebegin deleteend deletebegin deleteExcept as otherwise provided in subdivision (b),
4a end delete
begin insertA end insertregulation or an order of repeal required to be filed with the
5Secretary of State shall become effective onbegin delete a quarterly basis as
6follows:end delete
begin insert the 90th day after the date of filing unless any of the
7following occur:end insert

begin delete

8(1) January 1 if the regulation or order of repeal is filed on
9September 1 to November 30, inclusive.

end delete
begin delete

10(2) April 1 if the regulation or order of repeal is filed on
11December 1 to February 29, inclusive.

end delete
begin delete

12(3) July 1 if the regulation or order of repeal is filed on March
131 to May 31, inclusive.

end delete
begin delete

14(4) October 1 if the regulation or order of repeal is filed on June
151 to August 31, inclusive.

end delete
begin delete

16(b) The effective dates in subdivision (a) shall not apply in all
17of the following:

end delete
begin delete

18(1) The effective date is specifically provided by the

end delete

19begin insert(a)end insertbegin insertend insertbegin insertThe end insertstatute pursuant to which the regulation or order of
20repeal was adoptedbegin insert specifically provides otherwiseend insert, in which event
21it becomes effective on the day prescribed by the statute.

begin delete

22(2)

end delete

23begin insert(b)end insert A later date is prescribed by the state agency in a written
24instrument filed with, or as part of, the regulation or order of repeal.

begin delete

25(3)

end delete

P3    1begin insert(c)end insert The agency makes a written request to the office
2demonstrating good cause for an earlier effective date, in which
3case the office may prescribe an earlier date.

begin delete

4(4) (A) A regulation adopted by the Fish and Game Commission
5pursuant to Article 1 (commencing with Section 200) of Chapter
62 of Division 1 of the Fish and Game Code.

end delete
begin delete

7(B) A regulation adopted by the Fish and Game Commission
8that requires a different effective date in order to conform to a
9federal regulation.

end delete
begin insert

10(d) The Legislature passes a statute to override the regulation.

end insert
11

SEC. 2.  

Section 11349.3 of the Government Code is amended
12to read:

13

11349.3.  

(a) begin insert(1)end insertbegin insertend insert The office shall either approve a regulation
14submitted to it for review and transmit it to the Secretary of State
15for filing or disapprove it within 30 working days after the
16regulation has been submitted to the office for review. If the office
17fails to act within 30 days, the regulation shall be deemed to have
18been approved and the office shall transmit it to the Secretary of
19State for filing.

begin insert

20(2) The office shall submit a copy of each major regulation
21submitted to the Secretary of State pursuant to paragraph (1) to
22each house of the Legislature for review.

end insert

23(b) If the office disapproves a regulation, it shall return it to the
24adopting agency within the 30-day period specified in subdivision
25(a) accompanied by a notice specifying the reasons for disapproval.
26Within seven calendar days of the issuance of the notice, the office
27shall provide the adopting agency with a written decision detailing
28the reasons for disapproval. No regulation shall be disapproved
29except for failure to comply with the standards set forth in Section
3011349.1 or for failure to comply with this chapter.

31(c) If an agency determines, on its own initiative, that a
32regulation submitted pursuant to subdivision (a) should be returned
33by the office prior to completion of the office’s review, it may
34request the return of the regulation. All requests for the return of
35a regulation shall be memorialized in writing by the submitting
36agency no later than one week following the request. Any
37regulation returned pursuant to this subdivision shall be resubmitted
38to the office for review within the one-year period specified in
39subdivision (b) of Section 11346.4 or shall comply with Article 5
40(commencing with Section 11346) prior to resubmission.

P4    1(d) The office shall not initiate the return of a regulation pursuant
2to subdivision (c) as an alternative to disapproval pursuant to
3subdivision (b).



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