Bill Text: CA AB1949 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regulations: 5-year review and report.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2010-04-13 - In committee: Set first hearing. Failed passage. Reconsideration granted. [AB1949 Detail]

Download: California-2009-AB1949-Amended.html

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BILL NUMBER: AB 1949	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2010

INTRODUCED BY   Assembly Member Logue

                        FEBRUARY 17, 2010

   An act to add Section 11349.95 to the Government Code, relating to
regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1949, as amended, Logue. Regulations: five-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.
   This bill would additionally require the California Environmental
Protection Agency, the Division of Occupational Safety and Health in
the Department of Industrial Relations, and the State Air Resources
Board to review and report on regulations that it adopts or amends on
and after January 1, 2011, five years after adoption, as specified.
 If an agency fails to complete and submit the review and
report, the bill would require that regulation be inoperative
immediately and would not become operative again until the agency
satisfies the requirements for the adoption of a new regulation.
 The bill would require that the review and report include
10 specified factors, including a summary of the written criticisms
of the regulation received by the agency within the immediately
preceding five years and the estimated economic, small business, and
consumer impact of the regulation. The bill would require the Office
of Administrative Law to make the review and report available on the
 agency's   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 11349.95 is added to the Government Code, to
read:
   11349.95.  (a) The applicability of this section is limited to the
California Environmental Protection Agency, the Division of
Occupational Safety and Health in the Department of Industrial
Relations, or the State Air Resources Board.
   (b) (1) A state agency included in subdivision (a) shall review
and report on all regulations that it adopts or amends on and after
January 1, 2011, as required by this section. The review and report
shall be completed and submitted to the office on or before May 1
immediately following five years after the date the regulation was
adopted or amended. 
   (2) If an agency fails to complete and submit the review and
report to the office as required in paragraph (1) for any regulation,
then that regulation shall be inoperative immediately. A regulation
that has become inoperative pursuant to this paragraph shall not
become operative again until the agency has satisfied the
requirements of this chapter for the adoption of a new regulation.
 
   (3) 
    (2)  The office shall make the report required by
paragraph (1) available on the  agency's  
office's  Internet Web site.
   (c) The review and report required by this section shall include
all of the following factors:
   (1) The general and specific statutes authorizing the regulation.
   (2) The objective of the regulation.
   (3) The effectiveness of the regulation in achieving the
objective.
   (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 agency enforcement policy, including whether the
regulation is currently being enforced and, if so, whether there are
any problems with enforcement.
   (6) The agency view regarding 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 within the five years immediately preceding the
five-year review report, including letters, memoranda, reports, and
written allegations made in litigation or administrative proceedings,
to which the agency was a party, that the regulation is
discriminatory, unfair, unclear, inconsistent with statute, or beyond
the authority of the agency to enact, and the 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) Course of action the agency proposes to take regarding each
regulation, including the month and year in which the agency
anticipates submitting the rules to the office if the agency
determines it is necessary to amend or repeal an existing rule, or to
make a new rule.