AB 797, as amended, 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
begin delete instances, including if a regulation adopted by the Fish and Game Commission requires a different effective date to conform with federal law.end delete
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.
begin delete 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.end delete
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:
Section 11343.4 of the Government Code is
2amended to read:
A regulation or an order of repeal required to be filed
4with the Secretary of State shall become effective on the 90th day
5after the date of filing unless any of the following occur:
6(a) The statute pursuant to which the regulation or order of
7repeal was adopted specifically provides otherwise, in which event
8it becomes effective on the day prescribed by the statute.
9(b) A later date is prescribed by the state agency in a written
10instrument filed with, or as part of, the regulation or order of repeal.
11(c) The agency makes a written request to the office
12demonstrating good cause for an earlier effective date, in which
13case the office may prescribe an earlier date.
14(d) The Legislature passes a statute to override the regulation.
(a) Except as otherwise provided in subdivision (b),
18a regulation or an order of repeal required to be filed with the
19Secretary of State shall become effective on a quarterly basis as
21(1) January 1 if the regulation or order of repeal is filed on
22September 1 to November 30, inclusive.
23(2) April 1 if the regulation or order of repeal is filed on
24December 1 to February 29, inclusive.
P3 1(3) July 1 if the regulation or order of repeal is filed on March
21 to May 31, inclusive.
3(4) October 1 if the regulation or order of repeal is filed on June
41 to August 31, inclusive.
5(b) The effective dates in subdivision (a) shall not apply in all
6of the following:
7(1) The effective date is specifically provided by the statute
8pursuant to which the regulation or order of repeal was adopted,
9in which event it becomes effective on the day prescribed by the
11(2) A later date is prescribed by the state agency in a written
12instrument filed with, or as part of, the regulation or order of repeal.
13(3) The agency makes a written request to the office
14demonstrating good cause for an earlier effective date, in which
15case the office may prescribe an earlier date.
16(4) (A) A regulation adopted by the Fish and Game Commission
17pursuant to Article 1 (commencing with Section 200) of Chapter
182 of Division 1 of the Fish and Game Code.
19(B) A regulation adopted by the Fish and Game Commission
20that requires a different effective date in order to conform to a
Section 11349.3 of the Government Code is amended
(a) (1) The office shall either approve a regulation
26submitted to it for review and transmit it to the Secretary of State
27for filing or disapprove it within 30 working days after the
28regulation has been submitted to the office for review. If the office
29fails to act within 30 days, the regulation shall be deemed to have
30been approved and the office shall transmit it to the Secretary of
31State for filing.
32(2) The office shall submit a copy of each major regulation
33submitted to the Secretary of State pursuant to paragraph (1) to
34 each house of the Legislature
37(b) If the office disapproves a regulation, it shall return it to the
38adopting agency within the 30-day period specified in subdivision
39(a) accompanied by a notice specifying the reasons for disapproval.
40Within seven calendar days of the issuance of the notice, the office
P4 1shall provide the adopting agency with a written decision detailing
2the reasons for disapproval. No regulation shall be disapproved
3except for failure to comply with the standards set forth in Section
411349.1 or for failure to comply with this chapter.
5(c) If an agency determines, on its own initiative, that a
6regulation submitted pursuant to subdivision (a) should be returned
7by the office prior to completion of the office’s review, it may
8request the return of the regulation. All requests for the return of
9a regulation shall be memorialized in writing by the submitting
10agency no later than one week following the request. Any
11regulation returned pursuant to this subdivision shall be resubmitted
12to the office for review within the one-year period specified in
13subdivision (b) of Section 11346.4 or shall comply with Article 5
14(commencing with Section 11346) prior to resubmission.
15(d) The office shall not initiate the return of a regulation pursuant
16to subdivision (c) as an alternative to disapproval pursuant to