AB 1266: Air districts: administrative rulemaking: standardized regulatory impact analysis.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2025-03-28
Current Status:
Failed
(2026-02-02: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
The bill requires large regional air quality districts — those covering more than five million people or one‑eighth of the state’s population — to prepare a standardized regulatory impact analysis (a standard report showing the expected economic costs and benefits) when they propose, change, or repeal any major rule that will affect California businesses or people by more than $50 million. The report must follow the state’s review process for major regulations, but submitting it to the Department of Finance is optional and a district may proceed or find compliance if it does not submit the report or if Finance does not review it within 30 days.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law vests the regional air pollution control districts and regional air quality management districts with regulatory jurisdiction related to the control of air pollution from nonvehicular sources. Existing law requires state agencies, in adopting, amending, or repealing a major regulation, as defined, to prepare a standardized regulatory impact analysis, as provided.
This bill would require certain air districts with jurisdiction over a geographic area with a certain population size, in adopting, amending, or repealing major regulations, to prepare the standardized regulatory impact analysis, as specified.
Because the bill would impose additional duties on the regional air pollution control districts and regional air quality management districts, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Administrative Procedure Act, in part, sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies, and for review of those regulatory actions by the Office of Administrative Law. Existing law requires a state agency proposing to adopt, amend, or repeal a major regulation to also prepare a standardized regulatory impact analysis, and defines a major regulation as a regulation that the state agency estimates will have an economic impact on California business enterprises and individuals in an amount exceeding $50,000,000. This bill would make a nonsubstantive change to the provision defining a major regulation.Existing law, the Administrative Procedure Act, in part, sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies, and for review of those regulatory actions by the Office of Administrative Law. Existing law requires a state agency proposing to adopt, amend, or repeal a major regulation to also prepare a standardized regulatory impact analysis, and defines a major regulation as a regulation that the state agency estimates will have an economic impact on California business enterprises and individuals in an amount exceeding $50,000,000.
This bill would make a nonsubstantive change to the provision defining a major regulation.
(a)The Legislature finds and declares all of the following:
(1)The regulatory processes that allow parties affected by regulations the opportunity to bring forward concerns about the economic effects and impacts of future regulations as soon as possible yield better, more complete, and fully informed rules.
(2)Providing additional public input, evaluation, and informed responses to major regulations that will result in significant economic impacts to the adopting agency will improve the decisions made by those adopting agencies.
(3)The public and the adopting agencies alike are better able to make informed decisions regarding the costs and benefits of proposed regulations when the processes used to evaluate those costs and benefits are standardized in advance and subject to independent scrutiny.
(b)It is the intent of the Legislature in enacting this act to ensure that the requirements that are applied to state agencies evaluations of potential major regulations that will have an economic impact on Californias businesses of greater than $50,000,000, including the creation of a more iterative administrative process that allows the parties affected by the regulations the opportunity to bring forward concerns about the economic effects as early in the rulemaking process as possible, also apply to large air quality management districts that regulate air quality in the geographic areas with the states largest employment bases.
SEC. 2.Section 40007 is added to the Health and Safety Code, to read:40007.(a)For purposes of this section, major regulation means a proposed adoption, amendment, or repeal of a standard, rule, or regulation that will have an economic impact on California business enterprises and individuals in an amount exceeding fifty million dollars ($50,000,000), as estimated by a district, as applicable.
(b)In addition to other applicable requirements and subject to subdivision (c), in adopting, amending, or repealing a major regulation, a district shall comply with Section 11346.3 of the Government Code.
(c)This section only applies to districts with jurisdiction over a geographic area with a population of over five million people or one-eighth of the population of the state, whichever is greater.
(d)(1)Notwithstanding subdivision (f) of Section 11346.3 of the Government Code, subdivision (b) does not require either of the following:
(A)The submission of the districts standardized regulatory impact analysis to Department of Finance for review. A district may submit the standardized regulatory impact analysis to the Department of Finance for review.
(B)The review of the districts standardized regulatory impact analysis by the Department of Finance.
(2)Upon the completion of the standardized regulatory impact analysis, a district shall make a finding of compliance with this section when adopting, amending, or repealing a major regulation under either of the following circumstances:
(A)The district opts to not submit the standardized regulatory impact analysis to the Department of Finance for review.
(B)The Department of Finance does not provide a review of the standardized regulatory impact analysis within 30 days of submission.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 11342.548 of the Government Code is amended to read:11342.548.Major regulation means a proposed adoption, amendment, or repeal of a regulation subject to review by the Office of Administrative Law pursuant to Article 6 (commencing with Section 11349) that will have an economic impact on California business enterprises and individuals in an amount exceeding fifty million dollars ($50,000,000), as estimated by the agency.Major regulation means any a proposed adoption, amendment, or repeal of a regulation subject to review by the Office of Administrative Law pursuant to Article 6 (commencing with Section 11349) that will have an economic impact on California business enterprises and individuals in an amount exceeding fifty million dollars ($50,000,000), as estimated by the agency.
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Date
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Status
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|---|---|
| Feb 2, 2026 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2026 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| Apr 23, 2025 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Apr 1, 2025 | Re-referred to Com. on NAT. RES. |
| Mar 28, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Mar 28, 2025 | Referred to Coms. on NAT. RES. and E.D., G., & H.I. |
| Feb 24, 2025 | Read first time. |
| Feb 22, 2025 | From printer. May be heard in committee March 24. |
| Feb 21, 2025 | Introduced. To print. |
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Bill Author
Bill Co-Author(s):