SB 279

Bill Subjects

Abstract

Existing law, the Administrative Procedure Act, sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The act prohibits a state agency from issuing, utilizing, enforcing, or attempting to enforce any guideline, standard of general application, or other rule that is a regulation, as defined, unless it has been adopted as a regulation and filed with the Secretary of State. The act further requires every agency subject to the act to submit to the Office of Administrative Law a notice of proposed action and to make available to the public a copy of an initial statement of reasons for the regulation. Existing law additionally requires a state agency proposing to adopt, amend, or repeal an administrative regulation to assess the potential for adverse economic impact on California business enterprises and individuals, as specified. Each state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, is also required to prepare a standardized regulatory impact analysis addressing various additional factors. Existing law generally defines a "major regulation" for these purposes to mean the proposed adoption, amendment, or repeal of a regulation will have an economic impact on California business enterprises and individuals in an amount exceeding $50,000,000, as estimated by the agency. This bill would require a state agency to provide a minimum 21-day public comment period for purposes of determining whether the proposed adoption, amendment, or repeal of a regulation would be a "major regulation" that requires a standardized regulatory impact analysis. Existing law also requires each state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, and that has prepared a standardized regulatory impact analysis, as described, to submit that analysis to the Department of Finance upon completion. Existing law requires the department to then comment, within 30 days of receiving that analysis, on the extent to which the analysis adheres to specified regulations adopted by the department. Upon receiving any comments from the department, the agency may update its analysis to reflect any comments received and summarize those comments and the agency's response, along with a statement of the results of the updated analysis. This bill would require the department, upon receipt of the analysis, as descried above, to provide a 30-day public comment period on the analysis. The bill would then require the department to comment, within 30 days of receiving public input on that analysis, on the extent to which the analysis adheres to the regulations adopted by the department.