Bill Text: CA SB396 | 2011-2012 | Regular Session | Amended

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Bill Title: Regulations: review process.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB396 Detail]

Download: California-2011-SB396-Amended.html

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BILL NUMBER: SB 396	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2011

INTRODUCED BY   Senator Huff
    (   Coauthors:   Senators  
Dutton,   Harman,   and Runner  ) 
    (   Coauthors:   Assembly Members 
 Jeffries,   Nestande,   Silva,   and
Wagner   ) 

                        FEBRUARY 16, 2011

   An act to add Sections 11349.10 and 11349.11 to the Government
Code, relating to regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 396, as amended, Huff. Regulations: review process.
   Existing law, the Administrative Procedure Act, governs the
procedure for the adoption, amendment, or repeal of regulations by
state agencies.
   This bill would require each agency to review each regulation
adopted prior to January 1,  1990   2011  ,
and to develop a report with prescribed information that shall be
submitted to the Legislature on or before January 1, 2013. The bill
would also require each agency, on or before January 1, 2018, and at
least every 5 years thereafter, to conduct additional reviews of
regulations that have been in effect for at least 20 years, as
specified, and to submit an annual report to the Legislature that
identifies the regulations reviewed during that year and the
associated findings.
   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 11349.10 is added to the Government Code, to
read:
   11349.10.  (a) Each agency shall review each regulation adopted
prior to January 1,  1990   2011  . The
review shall be developed into a report that includes, but is not
limited to, the following information for each regulation:
   (1) The date that the office approved the regulation.
   (2) The purpose.
   (3) The statutory authority.
   (4) The identification of impacted sectors.
   (5) The direct costs by sector.
   (6) Whether the regulation is duplicative of other regulations.
   (7) Whether the regulation is still relevant.
   (8) Whether the regulation needs to be updated in order to become
more effective or less burdensome.
   (b) The agency shall consult with parties affected by the
regulation in developing the report.
   (c) The agency shall submit the report to the Legislature on or
before January 1, 2013.
   (d) To the extent that an agency is a component member of another
agency, the member agency shall submit a copy of its report to the
highest ranking agency head prior to submitting the report to the
Legislature as required by this section. The agency head shall review
the reports for each component agency for the purpose of identifying
duplicative or conflicting regulations between departments.
  SEC. 2.  Section 11349.11 is added to the Government Code, to read:

   11349.11.  (a) On or before January 1, 2018, and at least every
five years thereafter, each agency shall review each regulation that
is at least 20 years old and has not been reviewed within the last 10
years. The review shall be developed into a report that shall be
submitted to the Legislature and includes, but is not limited to, the
following information for each regulation:
   (1) The date that the office approved the regulation.
   (2) The purpose.
   (3) The statutory authority.
   (4) The identification of impacted sectors.
   (5) The direct costs by sector.
   (6) Whether the regulation is duplicative of other regulations.
   (7) Whether the regulation is still relevant.
   (8) Whether the regulation needs to be updated in order to become
more effective or less burdensome.
   (b) Each agency shall submit an annual report to the Legislature
that identifies the regulations reviewed during the previous year and
the associated findings.