AB 912: Small business: California Small Business Regulatory Fairness Act.

Existing law, the Administrative Procedure Act, governs the procedures for the adoption, amendment, or repeal of regulations by state agencies and requires, among other things, that a state agency make available to the public facts, evidence, documents, testimony, or other evidence on which the state agency relies to support the agencys determination that the proposed action will not have a significant adverse impact on business. Existing law establishes the Office of Small Business Advocate, within the Governors Office of Business and Economic Development, and establishes the duties and functions of the Director of the Office of Small Business Advocate including, among other duties, representing the views and interests of small businesses before other state agencies whose policies and activities may affect small businesses. Existing law requires each state agency that significantly regulates small business or that significantly impacts small business to designate at least one person who is required to serve as a small business liaison.

This bill would require a state agency to assist a small business, as defined, in complying with all statutes and regulations administered by the state agency and in any enforcement action by the state agency. The bill would require a state agency to establish a policy, by December 31, 2018, that provides for the reduction, and, under appropriate circumstances, the waiver, reduction of civil penalties for violations of regulatory or statutory requirements by a small business. business under appropriate circumstances. The bill would authorize the state agency to update the policy to reflect current issues and conditions affecting small businesses and the state agency. The bill would require the state agency to post a current copy of the policy on the state agencys Internet Web site and, until June 30, 2022, to annually post specified information about enforcement actions and penalty reductions or waivers (annual report). The bill would require a state agency to notify the Office of Small Business Advocate of certain events relating to its policy and annual report.