Bill Text: CA SB401 | 2013-2014 | Regular Session | Chaptered
Bill Title: Administrative practices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-09-06 - Chaptered by Secretary of State. Chapter 212, Statutes of 2013. [SB401 Detail]
Download: California-2013-SB401-Chaptered.html
BILL NUMBER: SB 401 CHAPTERED
BILL TEXT
CHAPTER 212
FILED WITH SECRETARY OF STATE SEPTEMBER 6, 2013
APPROVED BY GOVERNOR SEPTEMBER 6, 2013
PASSED THE SENATE MAY 28, 2013
PASSED THE ASSEMBLY AUGUST 22, 2013
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senator Hueso
FEBRUARY 20, 2013
An act to amend Section 11346.2 of the Government Code, relating
to administrative regulations.
LEGISLATIVE COUNSEL'S DIGEST
SB 401, Hueso. Administrative practices.
Existing law requires every state agency subject to the
Administrative Procedure Act to provide an initial statement of
reasons for proposing the adoption, amendment, or repeal of a
regulation. Existing law requires an initial statement of reasons for
a regulation that is a building standard that impacts housing to
include the estimated cost of compliance and the potential benefits
of the regulation and the related assumptions used in determining
that estimate, except as specified.
This bill would instead require an initial statement of reasons
for any regulation that is a building standard, regardless of whether
the building standard impacts housing, to include the information
specified above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11346.2 of the Government Code, as amended by
Section 1.5 of Chapter 766 of the Statutes of 2012, is amended to
read:
11346.2. Every agency subject to this chapter shall prepare,
submit to the office with the notice of the proposed action as
described in Section 11346.5, and make available to the public upon
request, all of the following:
(a) A copy of the express terms of the proposed regulation.
(1) The agency shall draft the regulation in plain,
straightforward language, avoiding technical terms as much as
possible, and using a coherent and easily readable style. The agency
shall draft the regulation in plain English.
(2) The agency shall include a notation following the express
terms of each California Code of Regulations section, listing the
specific statutes or other provisions of law authorizing the adoption
of the regulation and listing the specific statutes or other
provisions of law being implemented, interpreted, or made specific by
that section in the California Code of Regulations.
(3) The agency shall use underline or italics to indicate
additions to, and strikeout to indicate deletions from, the
California Code of Regulations.
(b) An initial statement of reasons for proposing the adoption,
amendment, or repeal of a regulation. This statement of reasons shall
include, but not be limited to, all of the following:
(1) A statement of the specific purpose of each adoption,
amendment, or repeal, the problem the agency intends to address, and
the rationale for the determination by the agency that each adoption,
amendment, or repeal is reasonably necessary to carry out the
purpose and address the problem for which it is proposed. The
statement shall enumerate the benefits anticipated from the
regulatory action, including the benefits or goals provided in the
authorizing statute. The benefits may include, to the extent
applicable, nonmonetary benefits such as the protection of public
health and safety, worker safety, or the environment, the prevention
of discrimination, the promotion of fairness or social equity, and
the increase in openness and transparency in business and government,
among other things.
(2) For a major regulation proposed on or after November 1, 2013,
the standardized regulatory impact analysis required by Section
11346.3.
(3) An identification of each technical, theoretical, and
empirical study, report, or similar document, if any, upon which the
agency relies in proposing the adoption, amendment, or repeal of a
regulation.
(4) Where the adoption or amendment of a regulation would mandate
the use of specific technologies or equipment, a statement of the
reasons why the agency believes these mandates or prescriptive
standards are required.
(5) (A) A description of reasonable alternatives to the regulation
and the agency's reasons for rejecting those alternatives.
Reasonable alternatives to be considered include, but are not limited
to, alternatives that are proposed as less burdensome and equally
effective in achieving the purposes of the regulation in a manner
that ensures full compliance with the authorizing statute or other
law being implemented or made specific by the proposed regulation. In
the case of a regulation that would mandate the use of specific
technologies or equipment or prescribe specific actions or
procedures, the imposition of performance standards shall be
considered as an alternative.
(B) A description of reasonable alternatives to the regulation
that would lessen any adverse impact on small business and the agency'
s reasons for rejecting those alternatives.
(C) Notwithstanding subparagraph (A) or (B), an agency is not
required to artificially construct alternatives or describe
unreasonable alternatives.
(6) (A) Facts, evidence, documents, testimony, or other evidence
on which the agency relies to support an initial determination that
the action will not have a significant adverse economic impact on
business.
(B) (i) If a proposed regulation is a building standard, the
initial statement of reasons shall include the estimated cost of
compliance, the estimated potential benefits, and the related
assumptions used to determine the estimates.
(ii) The model codes adopted pursuant to Section 18928 of the
Health and Safety Code shall be exempt from the requirements of this
subparagraph. However, if an interested party has made a request in
writing to the agency, at least 30 days before the submittal of the
initial statement of reasons, to examine a specific section for
purposes of estimating the cost of compliance and the potential
benefits for that section, and including the related assumptions used
to determine the estimates, then the agency shall comply with the
requirements of this subparagraph with regard to that requested
section.
(7) A department, board, or commission within the California
Environmental Protection Agency, the Natural Resources Agency, or the
Office of the State Fire Marshal shall describe its efforts, in
connection with a proposed rulemaking action, to avoid unnecessary
duplication or conflicts with federal regulations contained in the
Code of Federal Regulations addressing the same issues. These
agencies may adopt regulations different from federal regulations
contained in the Code of Federal Regulations addressing the same
issues upon a finding of one or more of the following justifications:
(A) The differing state regulations are authorized by law.
(B) The cost of differing state regulations is justified by the
benefit to human health, public safety, public welfare, or the
environment.
(c) A state agency that adopts or amends a regulation mandated by
federal law or regulations, the provisions of which are identical to
a previously adopted or amended federal regulation, shall be deemed
to have complied with subdivision (b) if a statement to the effect
that a federally mandated regulation or amendment to a regulation is
being proposed, together with a citation to where an explanation of
the provisions of the regulation can be found, is included in the
notice of proposed adoption or amendment prepared pursuant to Section
11346.5. However, the agency shall comply fully with this chapter
with respect to any provisions in the regulation that the agency
proposes to adopt or amend that are different from the corresponding
provisions of the federal regulation.
(d) This section shall become operative on January 1, 2012.
(e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 2. Section 11346.2 of the Government Code, as amended by
Section 2 of Chapter 471 of the Statutes of 2012, is amended to read:
11346.2. Every agency subject to this chapter shall prepare,
submit to the office with the notice of the proposed action as
described in Section 11346.5, and make available to the public upon
request, all of the following:
(a) A copy of the express terms of the proposed regulation.
(1) The agency shall draft the regulation in plain,
straightforward language, avoiding technical terms as much as
possible, and using a coherent and easily readable style. The agency
shall draft the regulation in plain English.
(2) The agency shall include a notation following the express
terms of each California Code of Regulations section, listing the
specific statutes or other provisions of law authorizing the adoption
of the regulation and listing the specific statutes or other
provisions of law being implemented, interpreted, or made specific by
that section in the California Code of Regulations.
(3) The agency shall use underline or italics to indicate
additions to, and strikeout to indicate deletions from, the
California Code of Regulations.
(b) An initial statement of reasons for proposing the adoption,
amendment, or repeal of a regulation. This statement of reasons shall
include, but not be limited to, all of the following:
(1) A statement of the specific purpose of each adoption,
amendment, or repeal, the problem the agency intends to address, and
the rationale for the determination by the agency that each adoption,
amendment, or repeal is reasonably necessary to carry out the
purpose and address the problem for which it is proposed. The
statement shall enumerate the benefits anticipated from the
regulatory action, including the benefits or goals provided in the
authorizing statute. These benefits may include, to the extent
applicable, nonmonetary benefits such as the protection of public
health and safety, worker safety, or the environment, the prevention
of discrimination, the promotion of fairness or social equity, and
the increase in openness and transparency in business and government,
among other things. Where the adoption or amendment of a regulation
would mandate the use of specific technologies or equipment, a
statement of the reasons why the agency believes these mandates or
prescriptive standards are required.
(2) For a major regulation proposed on or after November 1, 2013,
the standardized regulatory impact analysis required by Section
11346.3.
(3) An identification of each technical, theoretical, and
empirical study, report, or similar document, if any, upon which the
agency relies in proposing the adoption, amendment, or repeal of a
regulation.
(4) (A) A description of reasonable alternatives to the regulation
and the agency's reasons for rejecting those alternatives.
Reasonable alternatives to be considered include, but are not limited
to, alternatives that are proposed as less burdensome and equally
effective in achieving the purposes of the regulation in a manner
that ensures full compliance with the authorizing statute or other
law being implemented or made specific by the proposed regulation. In
the case of a regulation that would mandate the use of specific
technologies or equipment or prescribe specific actions or
procedures, the imposition of performance standards shall be
considered as an alternative.
(B) A description of reasonable alternatives to the regulation
that would lessen any adverse impact on small business and the agency'
s reasons for rejecting those alternatives.
(C) Notwithstanding subparagraph (A) or (B), an agency is not
required to artificially construct alternatives or describe
unreasonable alternatives.
(5) (A) Facts, evidence, documents, testimony, or other evidence
on which the agency relies to support an initial determination that
the action will not have a significant adverse economic impact on
business.
(B) (i) If a proposed regulation is a building standard, the
initial statement of reasons shall include the estimated cost of
compliance, the estimated potential benefits, and the related
assumptions used to determine the estimates.
(ii) The model codes adopted pursuant to Section 18928 of the
Health and Safety Code shall be exempt from the requirements of this
subparagraph. However, if an interested party has made a request in
writing to the agency, at least 30 days before the submittal of the
initial statement of reasons, to examine a specific section for
purposes of estimating the cost of compliance and the potential
benefits for that section, and including the related assumptions used
to determine the estimates, then the agency shall comply with the
requirements of this subparagraph with regard to that requested
section.
(6) A department, board, or commission within the Environmental
Protection Agency, the Natural Resources Agency, or the Office of the
State Fire Marshal shall describe its efforts, in connection with a
proposed rulemaking action, to avoid unnecessary duplication or
conflicts with federal regulations contained in the Code of Federal
Regulations addressing the same issues. These agencies may adopt
regulations different from federal regulations contained in the Code
of Federal Regulations addressing the same issues upon a finding of
one or more of the following justifications:
(A) The differing state regulations are authorized by law.
(B) The cost of differing state regulations is justified by the
benefit to human health, public safety, public welfare, or the
environment.
(c) A state agency that adopts or amends a regulation mandated by
federal law or regulations, the provisions of which are identical to
a previously adopted or amended federal regulation, shall be deemed
to have complied with subdivision (b) if a statement to the effect
that a federally mandated regulation or amendment to a regulation is
being proposed, together with a citation to where an explanation of
the provisions of the regulation can be found, is included in the
notice of proposed adoption or amendment prepared pursuant to Section
11346.5. However, the agency shall comply fully with this chapter
with respect to any provisions in the regulation that the agency
proposes to adopt or amend that are different from the corresponding
provisions of the federal regulation.
(d) This section shall be inoperative from January 1, 2012, until
January 1, 2014.
