Bill Text: CA AB893 | 2021-2022 | Regular Session | Introduced

California Assembly Bill 893 (Prior Session Legislation)

Introduced

Bill Title: Emergency regulations: Division of Occupational Safety and Health: State Department of Public Health.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB893 Detail]

Download: California-2021-AB893-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 893

Introduced by Assembly Member Davies

February 17, 2021

An act to add and repeal Section 11362 of the Government Code, relating to state government, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 893, as introduced, Davies. Emergency regulations: Division of Occupational Safety and Health: State Department of Public Health.

Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations to adopt occupational health and safety standards to protect the welfare of employees. The Division of Occupational Safety and Health enforces occupational safety and health standards and orders.

Existing law establishes the State Department of Public Health, within the California Health and Human Services Agency, and vests the department with certain duties, powers, functions, jurisdiction, and responsibilities over specified public health programs.

Existing law, the Administrative Procedure Act, governs, among other things, the procedures for the adoption, amendment, or repeal of regulations, including emergency regulations, by state agencies and for the review of those regulatory actions by the Office of Administrative Law.

This bill would require the Division of Occupational Safety and Health or the State Department of Public Health, within 14 calendar days of the release of a federal recommendation that conflicts with an emergency regulation related to COVID-19 issued by the division or the department, to review the conflicting emergency regulation and make a determination to either amend the regulation or submit a report to the Legislature on the decision not to amend the regulation, as specified. The bill would require the division or department, before determining whether to amend the emergency regulation, to provide public notice and an opportunity for public comment. The bill would repeal these provisions 90 days after the termination of the state of emergency related to the COVID-19 pandemic declared by the Governor.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 11362 is added to the Government Code, to read:

11362.

(a) Within 14 calendar days of the release of a federal recommendation that conflicts with an emergency regulation related to COVID-19 and adopted by the Division of Occupational Safety and Health or the State Department of Public Health, the division or department, respectively, shall review the conflicting emergency regulation and shall make a determination to do either of the following:

(1) Amend the emergency regulation in accordance with subdivision (c).

(2) Submit a report to the Legislature, in compliance with Section 9795, explaining the reasoning for the decision not to amend the regulation, and post a copy of the report on its internet website.

(b) The division or department, before determining whether to amend a regulation pursuant to subdivision (a), shall provide public notice and an opportunity for public comment on whether the emergency regulation should be amended.

(c) (1) The amendment of an emergency regulation pursuant to this section shall follow the procedure for an emergency regulation in accordance with Section 11346.1, and shall be deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6. The division or department is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1.

(2) The amendment of an emergency regulation pursuant to this section shall not be considered a readoption under Section 11346.1.

(3) The amendment of an emergency regulation pursuant to this section shall not alter or affect the effective period of the regulation.

(d) This section shall remain in effect until 90 days after the state of emergency related to the COVID-19 pandemic declared by the Governor is terminated in accordance with Section 8629, and as of that date is repealed.

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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:

To ensure the establishment of a process to amend California emergency regulations adopted by the Division of Occupational Safety and Health or the State Department of Public Health to protect public health and safety as soon as possible, it is necessary for this act to take effect immediately.