Bill Text: CA SB988 | 2009-2010 | Regular Session | Amended
Bill Title: Regulations: 5-year review and report.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2010-05-27 - Held in committee and under submission. [SB988 Detail]
Download: California-2009-SB988-Amended.html
BILL NUMBER: SB 988 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2010
AMENDED IN SENATE MARCH 25, 2010
INTRODUCED BY Senator Huff
(Principal coauthor: Assembly Member Logue)
(Coauthors: Senators Aanestad, Cogdill, Cox, Dutton,
Hollingsworth, and Runner)
FEBRUARY 8, 2010
An act to add Section 11349.95 to the Government Code, relating to
regulations, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 988, as amended, Huff. Regulations: 5-year review and report.
The Administrative Procedure Act generally sets forth the
requirements for the adoption, publication, review, and
implementation of regulations by state agencies.
Existing law establishes the Bureau of State Audits, which is
headed by the State Auditor and has specified statutory duties,
including the performance of statutorily mandated audits.
This bill would require the Office of Administrative Law
Bureau of State Audits to review and
report , report, and make recommendations
on each regulation, before May 1 of the 5th year after the
regulation was amended or adopted , that the State Energy
Resources and Development Commission, the Public Utilities
Commission, the California Consumer Power and Conservation Financing
Authority, or any other state agency that has duties relating to
state energy regulations or the implementation of those regulations
adopts or amends on or after January 1, 2011. The bill would require
the review and report , report, and
recommendations to include specified factors, including a
summary of the written criticisms received by the agency that adopted
or amended the regulation within the preceding 5 years and the
estimated economic, small business, and consumer impact of the
regulation, as specified. The bill would require the office
bureau to make the report available on its
Internet Web site. The bill would authorize the adopting agency
to take specified actions in response to the bureau's report, and
would provide that a regulation ceases to be operative, as specified,
if the agency takes no a ction.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11349.95 is added to the Government Code, to
read:
11349.95. (a) The applicability of this section is limited to the
State Energy Resources Conservation and Development Commission, the
Public Utilities Commission, the California Consumer Power and
Conservation Financing Authority, and any other state agency that has
duties relating to state energy regulations or the implementation of
those regulations.
(b) (1) The Office of Administrative Law
Notwithstanding Section 8544.5, and upon an appropriation by the
Legislature for the purposes of this section, the Bureau of State
Audits on behalf of a state agency included in
subdivision (a), shall review and report ,
report, and make recommendations on any regulation that an
agency included in subdivision (a) adopts or amends on and after
January 1, 2011, as required by this section. The review and
report , report, and recommendations shall be
completed by the office bureau on or
before May 1 immediately following five years after the date the
regulation was adopted or amended.
(2) The office bureau shall make a
report required by paragraph (1) available on its Internet Web site.
(c) The review and report , report, and
recommendations required by this section shall include all of
the following factors:
(1) The general and specific statutes authorizing the regulation.
(2) The objective purpose of the
regulation.
(3) The effectiveness of the regulation in achieving the
objective purpose .
(4) The consistency of the regulation with state and federal
statutes and regulations and a listing of the statutes or regulations
used in determining the consistency.
(5) The enforcement policy of the agency that adopted or amended
the regulation, including whether the regulation is currently being
enforced and, if so, whether there are any problems with enforcement.
(6) The view of the agency that adopted or amended the regulation
regarding the current wisdom of the regulation.
(7) The clarity, conciseness, and understandability of the
regulation.
(8) A summary of the written criticisms of the regulation received
by the agency that adopted or amended the regulation within the five
years immediately preceding the office's
bureau's five-year review report, including letters, memoranda,
reports, and written allegations made in litigation or
administrative proceedings to which the agency was a party, any
indication that the regulation is discriminatory, unfair, unclear,
inconsistent with statute, or beyond the authority of the agency to
enact, and the status or result of the litigation or administrative
proceedings.
(9) The estimated economic, small business, and consumer impact of
the regulation as compared to the economic, small business, and
consumer impact statement prepared on the last making of the
regulation, or, if no economic, small business, and consumer impact
statement was prepared on the last making of the rule, an assessment
of the actual economic, small business, and consumer impact of the
regulation.
(10) The course of action the agency that adopted or amended the
regulation proposes to take regarding the regulation, including the
month and year in which the agency anticipates submitting the rules
to the office bureau if the agency
determines it is necessary to amend or repeal an existing rule, or to
make a new rule.
(d) In response to the office's bureau's
review and report , report, and
recommendations required pursuant to paragraph (1) of
subdivision (b), the agency that adopted or amended the regulation
may do any of the following:
(1) Do nothing, in which case the regulation will cease to be
operative as of 2 years after the date the office
bureau issued the report.
(2) Implement the recommendations of the office
bureau .
(3) Develop its own plan to redress the concerns
address the recommendations noted by the
office bureau in the report.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to accelerate the creation of jobs in this state so that
the ongoing economic crisis may be immediately addressed, it is
necessary that this act take effect immediately.
