Bill Text: CA SB176 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Administrative procedures.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2013-08-30 - Set, first hearing. Referred to APPR. suspense file. Held in committee and under submission. [SB176 Detail]

Download: California-2013-SB176-Amended.html

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BILL NUMBER: SB 176	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 28, 2013
	AMENDED IN SENATE  APRIL 24, 2013

INTRODUCED BY   Senator Galgiani
   (Coauthors: Senators Cannella and Correa)

                        FEBRUARY 6, 2013

   An act to  add Sections 11346.46 and 11346.47 to 
 amend Section 11346.45 of  the Government Code, relating
to administrative procedures.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 176, as amended, Galgiani. Administrative procedures.
   Existing law governs the procedure for the adoption, amendment, or
repeal of regulations by state agencies and for the review of those
regulatory actions by the Office of Administrative Law, including
procedures relating to increased public participation in the
adoption, amendment, and repeal of these regulations.  Existing
law specifically requires a state agency proposing to adopt
regulations, prior to publication of a notice of proposed adoption,
amendment, or repeal of a regulation, to involve parties who would be
subject to the proposed regulations in public discussions regarding
those proposed regulations, when the proposed regulations involve
complex proposals or a large number of proposals that cannot easily
be reviewed during the comment period.  
   This bill would, in order to increase public participation and
improve the quality of regulations, require state agencies, boards,
and commissions to submit a notice prior to any meeting date or
report, provided the meeting or report is seeking public input, as
described. The bill would additionally require state agencies,
boards, and commissions to submit specified notices to the Office of
Administrative Law, for publication in the California Regulatory
Notice Register.  
   This bill would expand that public discussion requirement to
require a state agency proposing to adopt regulations, prior to
publication of a notice of proposed adoption, amendment, or repeal of
a regulation, to involve parties that would be subject to the
proposed regulations in public discussions regarding those proposed
regulations, without regard to the complexity or number of proposals.

   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 11346.45 of the  
  Government Code   is amended to read: 
   11346.45.  (a) In order to increase public participation and
improve the quality of regulations,  state agencies 
 a state agency  proposing to adopt  regulations
shall,   regulations,  prior to publication of the
notice required by Section 11346.5,  shall  involve parties
 who   that  would be subject to the
proposed regulations in public discussions regarding those proposed
 regulations, when the proposed regulations involve complex
proposals or a large number of proposals that cannot easily be
reviewed during the comment period   regulations  .

   (b) This section does not apply to a state agency in any instance
where that state agency is required to implement federal law and
regulations for which there is little or no discretion on the part of
the state to vary.
   (c) If the agency does not or cannot comply with  the
provisions of  subdivision (a), it shall state the reasons
for noncompliance with reasonable specificity in the rulemaking
record.
   (d) The provisions of this section shall not be subject to
judicial review or to  the provisions of  Section
11349.1. 
  SECTION 1.    Section 11346.46 is added to the
Government Code, to read:
   11346.46.  (a) In order to increase public participation in the
regulation development process and improve the quality of
regulations, state agencies, boards, and commissions shall submit a
notice in the California Regulatory Notice Register. The notice shall
appear in the California Regulatory Notice Register at least 15 days
prior to any meeting date or report, provided the meeting or report
is seeking public input.
   (b) For purposes of this section, meetings and reports seeking
public input include, but are not limited to, the following formal,
official, or organized:
   (1) Informational hearings.
   (2) Workshops.
   (3) Scoping hearings.
   (4) Preliminary meetings.
   (5) Public and stakeholder outreach meetings.  
  SEC. 2.    Section 11346.47 is added to the
Government Code, to read:
   11346.47.  State agencies, boards, and commissions shall submit a
notice to the Office of Administrative Law for publication in the
California Regulatory Notice Register, upon issuance or publication
of the following:
   (a) Any notice required by either subdivision (c) of Section
11346.8, commonly known as 15-day comment period notice, or
subdivision (b) of Section 11347.1.
   (b) Any Internet Web site link to informational reports prepared
for public review that have been posted on the agency, board, or
commission Internet Web site in connection with proposed regulations.