Bill Text: CA AB2126 | 2011-2012 | Regular Session | Chaptered

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Bill Title: California State University: regulations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-07 - Chaptered by Secretary of State - Chapter 248, Statutes of 2012. [AB2126 Detail]

Download: California-2011-AB2126-Chaptered.html

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BILL NUMBER: AB 2126	CHAPTERED
	BILL TEXT

	CHAPTER  248
	FILED WITH SECRETARY OF STATE  SEPTEMBER 7, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 7, 2012
	PASSED THE SENATE  AUGUST 20, 2012
	PASSED THE ASSEMBLY  MAY 10, 2012
	AMENDED IN ASSEMBLY  MAY 7, 2012

INTRODUCED BY   Assembly Member Block

                        FEBRUARY 23, 2012

   An act to amend Section 89030.1 of the Education Code, relating to
postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2126, Block. California State University: regulations.
   Existing law establishes the California State University under the
administration of the Trustees of the California State University.
Existing law, to be repealed as of January 1, 2013, sets forth a
procedure for the adoption, amendment, or repeal of regulations by
the trustees, and requires the trustees to follow that procedure
rather than the procedure set forth in the Administrative Procedure
Act.
   This bill would extend that repeal date to January 1, 2018.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 89030.1 of the Education Code is amended to
read:
   89030.1.  The trustees shall adopt, amend, or repeal regulations
pursuant to this section instead of pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. As used in this section, "regulation" means
every rule, regulation, order, or standard of general application or
the amendment, supplement, or revision of any rule, regulation,
order, or standard adopted by the university to implement, interpret,
or make specific the law enforced or administered by it, or to
govern its procedure, except one that relates only to the internal
management of the university. "Regulation" does not mean or include
any form prescribed by the university or any instructions relating to
the use of the form, nor does it mean or include a building standard
as defined in Section 18909 of the Health and Safety Code.
   (a) The trustees' office of general counsel shall review the
proposed regulations for matters such as necessity, authority,
clarity, consistency, reference, and nonduplication, and recommend
any proposed action to the trustees. For purposes of this section,
"necessity," "authority," "clarity," "consistency," "reference," and
"nonduplication" shall have the same meaning as defined by Section
11349 of the Government Code.
   (b) Notice of the proposed regulations shall be sent at least 45
days before the public hearing to those persons who have requested
notices of the meetings of the trustees and shall be available to the
public in electronic format. The notice shall include the right of
the public to comment orally or in writing on the proposed action
either before or during the public hearing.
   (c) At the hearing, the public shall be provided the opportunity
to comment on the proposed action.
   (d) The trustees shall maintain a rulemaking file containing the
public notice, public comments, and minutes of the public hearing,
including the action taken by the trustees.
   (1) The rulemaking file shall contain a summary of each objection
or recommendation made with an explanation of how the proposed action
was changed to accommodate each objection or recommendation, or the
reason or reasons for making no change.
   (2) The proposed regulations shall be accompanied by an estimate,
prepared in accordance with instructions adopted by the Department of
Finance, of the effect of the proposed regulations with regard to
the costs or savings to any state agency, the cost of any
state-mandated local program as governed by Part 7 (commencing with
Section 17500) of Division 4 of Title 2 of the Government Code, any
other costs or savings of local agencies, and the costs or savings in
federal funding provided to state agencies.
   (e) The trustees shall transmit the regulations as finally adopted
to the Secretary of State for filing. Each regulation shall be
effective upon filing with the Secretary of State, and shall be
published in the California Code of Regulations.
   (f) On or before January 15 of each year, the trustees shall
report to the Governor, the Senate Education Committee, and the
Assembly Higher Education Committee as to all regulatory actions
taken by the trustees during the previous calendar year. The report
shall include the statement of reasons for each regulatory action
taken, indicate whether any concerns were raised regarding the
proposed action, and the steps taken by the trustees to alleviate
those concerns.
   (g) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.