Bills

AB 2893: Administrative Procedure Act: standardized regulatory impact analysis: comments, updates, and format.

  • Session Year: 2021-2022
  • House: Assembly
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Existing law, the Administrative Procedure Act, among other things, prohibits a state agency from issuing, utilizing, enforcing, or attempting to enforce any guideline, standard of general application, or other rule, among other things, that is a regulation, as defined, unless it has been adopted as a regulation and filed with the Secretary of State. The act requires every agency subject to the act to submit to the Office of Administrative Law a notice of proposed action and make available to the public a copy of an initial statement of reasons, among other things. The act requires each state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, to prepare a standardized regulatory impact analysis, as described. Existing described, as part of the initial statement of reasons.

Existing law requires each state agency that has prepared that analysis to submit the analysis to the Department of Finance. Existing law authorizes the state agency to update its analysis to reflect any comments received from the department.

This bill would, instead, require the state agency to update its analysis to reflect any comments received from the department, as described above. The bill would also require, if the proposed major regulation is updated following the departments comments, the state agency to take public comment for 30 additional days each time the regulation is updated and the state agency to update its analysis and submit the analysis to the department for comment, as described.

The act requires the notice of proposed action to include, among other things, a statement of the results of an economic impact assessment or the analysis, as applicable, a summary of any of the departments comments, and the agencys response to those comments.

This bill would require the department to adopt, by November 1, 2024, and in consultation with the office and other state agencies, regulations for communicating the results of the standardized regulatory impact analysis in a standardized format, as described.

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