California Senate Bill SB176 Amended / Bill

 BILL NUMBER: SB 176AMENDED BILL TEXT AMENDED IN SENATE MAY 28, 2013 AMENDED IN SENATE APRIL 24, 2013 INTRODUCED BY Senator Galgiani (Coauthors: Senators Cannella and Correa) FEBRUARY 6, 2013 An act to  add Sections 11346.46 and 11346.47 to   amend Section 11346.45 of  the Government Code, relating to administrative procedures. LEGISLATIVE COUNSEL'S DIGEST SB 176, as amended, Galgiani. Administrative procedures. Existing law governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law, including procedures relating to increased public participation in the adoption, amendment, and repeal of these regulations.  Existing law specifically requires a state agency proposing to adopt regulations, prior to publication of a notice of proposed adoption, amendment, or repeal of a regulation, to involve parties who would be subject to the proposed regulations in public discussions regarding those proposed regulations, when the proposed regulations involve complex proposals or a large number of proposals that cannot easily be reviewed during the comment period.   This bill would, in order to increase public participation and improve the quality of regulations, require state agencies, boards, and commissions to submit a notice prior to any meeting date or report, provided the meeting or report is seeking public input, as described. The bill would additionally require state agencies, boards, and commissions to submit specified notices to the Office of Administrative Law, for publication in the California Regulatory Notice Register.   This bill would expand that public discussion requirement to require a state agency proposing to adopt regulations, prior to publication of a notice of proposed adoption, amendment, or repeal of a regulation, to involve parties that would be subject to the proposed regulations in public discussions regarding those proposed regulations, without regard to the complexity or number of proposals.  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 11346.45 of the     Government Code   is amended to read:  11346.45. (a) In order to increase public participation and improve the quality of regulations,  state agencies   a state agency  proposing to adopt  regulations shall,   regulations,  prior to publication of the notice required by Section 11346.5,  shall  involve parties  who   that  would be subject to the proposed regulations in public discussions regarding those proposed  regulations, when the proposed regulations involve complex proposals or a large number of proposals that cannot easily be reviewed during the comment period   regulations  . (b) This section does not apply to a state agency in any instance where that state agency is required to implement federal law and regulations for which there is little or no discretion on the part of the state to vary. (c) If the agency does not or cannot comply with  the provisions of  subdivision (a), it shall state the reasons for noncompliance with reasonable specificity in the rulemaking record. (d) The provisions of this section shall not be subject to judicial review or to  the provisions of  Section 11349.1.  SECTION 1.   Section 11346.46 is added to the Government Code, to read: 11346.46. (a) In order to increase public participation in the regulation development process and improve the quality of regulations, state agencies, boards, and commissions shall submit a notice in the California Regulatory Notice Register. The notice shall appear in the California Regulatory Notice Register at least 15 days prior to any meeting date or report, provided the meeting or report is seeking public input. (b) For purposes of this section, meetings and reports seeking public input include, but are not limited to, the following formal, official, or organized: (1) Informational hearings. (2) Workshops. (3) Scoping hearings. (4) Preliminary meetings. (5) Public and stakeholder outreach meetings.   SEC. 2.   Section 11346.47 is added to the Government Code, to read: 11346.47. State agencies, boards, and commissions shall submit a notice to the Office of Administrative Law for publication in the California Regulatory Notice Register, upon issuance or publication of the following: (a) Any notice required by either subdivision (c) of Section 11346.8, commonly known as 15-day comment period notice, or subdivision (b) of Section 11347.1. (b) Any Internet Web site link to informational reports prepared for public review that have been posted on the agency, board, or commission Internet Web site in connection with proposed regulations.